Gentleman or Souldier Finally whosoeuer is defamed of any notable crime or is by the law of the land not admitted to beare witnesse may be numbred among them that lawfully are repulsed these men I say challenging any Gentleman or souldier ought not onely be refused but of euery honest persons to be abhorred because in fighting with men of such condition a man of good reputation doth equll himselfe vnto persons vtterly vnworthy Yet true it is that whosoeuer repulseth a person for cause of infamie must assuredly know that he hath bene for such crimes condemned or at the least the same is a thing so notorious as the partie repulsed cannot denie it But if any such infamous man be challenged by a Gentleman or souldier he may not after be refused vnlesse that after challenge he committeth some infamous fact which is to be obserued aswell in the challenger as the defender CHAP. 7. Who was anciently accounted victorious in Combat AT such time as combats were in vse by permission of Princes and publikely performed the order was thus If the Challenger did not vanquish the Defender in the day of fight before the Sunne setting he himselfe was iudged vanquished and could not after challenge any other Gentleman This victorie and this priuiledge is onely due vnto the Defender all other fauours were common to both the fighters The next kind of victorie was when any of the Combattants did yeeld vnto his enemie either by confessing himselfe not able to defend or yeelding himselfe prisoner or when he vttered any other speech tending to submission The third was when any of them did expressely denie or vnsay that he affirmed or repent the words whereon the quarrell did grow Fourthly if he did runne away and abandoned the lists or field where the fight was to be performed And this was the most base and dishonourable sort of vanquishment He was also without victorie and vanquished that was slaine within the Lists or sield yet was that sort of vanquishing least dishonorable though by auncient custome no man slaine in publique combats should be buried among Christian bodies CHAP. 8. ¶ What was aunciently due vnto such men as were victorious in publique Combats ALbeit I am not ignorant that this discourse is little or nothing pertinent to priuate Combat or quarrell yet for that it concerneth a matter pleasant vnto vs and glorious for those that haue bene victorious I will briefly set downe what was due by auncient order of Armes vnto such Gentlemen as in publique combat were victorious Whosoeuer was vanquished within the Lists was the prisoner of him that did vanquish To him also was due all Armes both offensiue and defensiue garments and horse with all furniture brought thither either for ornament or vse The person of him that was vanquished was by honourable custome giuen vnto the Prince of the place or else vnto some other Prince whom the vanquisher serued or loued but this was done by vse not of dutie The vanquished also might be compelled to pay the charges of the vanquisher The vanquished might be forced to pay ransome no lesse then if he had bene a prisoner of the warre But if the prisoner did serue the vanquisher the space of fiue yeeres in seruices meete for a Gentleman then was he set at libertie without paiment And if in the meane time he were emploied in any base action or seruice vnworthie his degree then was it lawfull for him to escape and breake prison Or if it happened that during the imprisonment any land or other wealth did come vnto him yet was it not lawfull for the victour to increase the ransome If the victor did die within the time that the vanquished was a prisoner then should his heire haue the same title and interest If a prisoner was suffered to goe at libertie vpon his faith hee did or ought in any wise returne being called vnlesse the victor in the meane time did become a Traytor to their common Prince or were excommunicate or that betweene them were some new enmitie for in those cases it was lawfull not to returne If being in this sort at liberty he hapned to become a Prince or a Lord then was he not bound to returne but pay ransome onely If during the time of imprisonment he were not well vsed he was likewise excused yet did he pay a conuenient ransome If the prisoner did happen to saue his taker from any great perill during the imprisonment then was he by law forthwith set at libertie CHAP. 9. Of disequalitie among Gentlemen OMitting to speake of Emperors Kings and Lords of great title Let vs onely remember what order was anciently obserued when one Gentleman or souldier happened to challenge another It behooueth therefore to consider that euery Gentleman either he hath office or he hath none If he hath office as gouernment of Countreys Townes Ambassage or commaund in the warre then his authoritie or employment doth continue for time or life In which case the custome was anciently thus If an Officer for time were called to answere by armes then did hee deferre the Combat vntill the expiration of that Office If this Office were for life and his qualitie superior to the Challenger then did he fight by Champion If the Officer challenged were not superior then did he aske leaue of his Souereigne and fight But if he could not obtaine license yet did hee appeare in person and with armes answere his enemie for in those dayes the obligation of honour was preferred before all other respects Whosoeuer was borne Noble vnder which word is comprised all sorts of Gentlemen then were they euer reputed equall Yet note here that a Gentleman borne is he who hath his descent from three degrees of Gentry both of the mothers and fathers side So sayth Paris If the Office or authoritie of the desender were such as ought to command the Challenger then might he fight by Champion A Gentleman of any Noble house not hauing iurisdiction or commandement might in those ages be challenged by any other priuate Gentleman And because the profession of armes is honourable an old souldier without reproch was accounted a Gentleman Ascholler also hauing taken degrees of schoole was not denied the title of Gentrie A simple souldier of honest same might fight with any Corporall Sergeant or other Officer the Captaine excepted Euery Captaine might challenge another Captaine vnlesse their charges were such as the one did command the other And this rule serued through all degrees of souldiers Yet men of armes being the most honourable souldiers might not be refused to fight with any priuate Captaine of footmen being of equall birth and authoritie CHAP. 10. ¶ Of the equalitie and disequalitie of great Nobilitie and of the priuiledges due to all men professing Armes A King vncrowned may lawfully challenge a King crowned vnlesse the King vncrowned be vnlawfully aspired or a tyrant The number of Christian Kings are 14. of whom only foure were anciently crowned by
then at the discretion of the Chieftaine Yet doth it appeare that in the yeare 153. ab vrbe condita Publius Varro and Marcus Sergius Tribuni militum hauing receiued a defeat of the Vienti they the souldiers were commanded to pay a great summe of money notwithstanding that Sergius affirmed the losse to proceed only from the fortune of warre And Virginius desired he might not bee made more vnfortunate at home then he had bene in the field Zeno the Emperor punished a souldier for taking vpon him to let another mans house his owne terme being therein determined because Iustinianus had inhibited souldiers to dispose or meddle with goods not their own Vnto like punishment is hee subiect that shall require his Prince to permit him to receiue pay in two diuers armies If any souldier did take vpon him other function then that of the warre or so do as deputie vnto another he was taxed in ten pounds of gold Archadius and Honorius made a lawe that if any souldier disturbed a victualer he should pay an hundred pounds of gold The same Emperors ordeined that if any Captaine or other Commander whatsoeuer did vse a greater part of an house or lodging then the Harbenger had allotted vnto him he should incurre the penaltie of three hundred pounds in gold if any souldier of lesse quality so did he should be cassed Theodosius the Emperour to suppresse all euill customes in the war decreed that if a souldier required any thing that was appertaining to his host he should be taxed to pay ten pounds The French King made a law that if souldiers did take the goods of any Citizen or man of the countrey hee should be capitally punished as if they had committed theft Kanutus King of Denmarke ordeined that all military paines might be satisfied and redeemed by money excepting only the chastisement of beating therfore who so had incurred the crime of manslaughter was condemned in forty thousand talents of money one part thereof to be payd vnto the King another to the souldiers and the third to the kinsfolke of the party slaine CHAP. 16. Of degrading and dishonouring Souldiers APpius Claudius by commandement of the Senate pronounced that all the Romane souldiers taken prisoners by King Pyrrhus of Epiro and after by him freely set at liberty should be put backe and lose honour Hee that serued on horsebacke from thencefoorth became a footman He that was a foote souldier was put to a sling and he that embezeled another mans weapon was vtterly discharged Hee that abandoned his place did forfeit his degree He that in peace did forsake a Leader of horse was put from his place and if many haue done so and returne shortly then they were all abased and appointed to meaner seruices He that moued any muteny or small sedition was degraded and abased Diuers Emperors haue decreed that if any souldier on the holy day did behold Comedies or other vaine sights he should lose his entertainement Iustinianus depriued a Captaine called Bessa for hauing omitted opportunitie to renforce a place of strength called Petra Seuerus the Emperor confined and degraded all the Praetorian souldiers that distrubed Pertinax He also tooke from them their militarie girdles their apparel and other ornaments confining them to abide an hundreth miles from the citie Fuluius Flaccus the Censor deposed his brother from militarie dignitie because hee being a Tribune without order from the Senate did license a band of souldiers to returne to their houses CHAP. 17. ¶ Punishment Militarie by beating FOrasmuch as great Captaines did finde by experience that hope of impunitie was the occasion of many Militarie errors and to the end no fault should be free from chastisement they therefore appointed paines to be inflicted vpon euery offence A souldier that resisted correction offered by his Captaine was beaten with a cudgell and if he laid holde or hand thereof he was cassed and if he brake it or laid hand vpon his Captaine he was put to death whereof may be inferred that souldiers were anciently beaten The Romane vse in this kinde of punishment was thus A Captaine comming to correct a souldier at the first sleightly touched his person with a cudgell or as some haue written with a withy made of a vine tree which done all other men present in the Armie did strike the condemned man with staues and stones yet when many had offended together they were not thus handled but out of a great number some eight or ten of the seditious were slaine the rest sent away In the meane space all were in feare of equall punishment The Senate of Rome vsed to deliuer vnto their Captaines a certaine short staffe or cudgell wherewith to beat the souldiers that offended which serued also to direct them in their march and rankes This punishment they called Castigatio per vitem Hadrianus the Emperour refused to deliuer any such staffe but onely to Captaines of discretion and good fame It is also written that Lucilius a Centurion hauing broken his staffe required another and breaking that also demanded a third Whereupon as Tacitus noteth he was nicknamed Cedò alteram i. Reach me another Caluinus called also Domitius obteined license of the Senate to beat a Captaine named Iubillius for fleeing the field cowardly It is also extant that certain Legions abandoning a Consul were beaten or as now by the Italian phrase wee terme it did receiue the Bastonado This kind of punishment was euer accompanicd with infamy which moued Kanutus king of Denmarke to decree that all punishments of that kind might be dispensed with for money alledging that because dogges were so corrected therefore it was of all other chastisements most ignominious and consequently to be abhorred perswading all great Captaines to vse temperance and to punish rarely and aduisedly remembring that Phaleucus a Generall of the Phocenses was slaine by a souldier to whom he had giuen a Bastonado much more cautious and slow ought Collonels and priuate Captaines to be in offering this kind of correction CHAP. 18. Of wages or pay FOrsomuch as the life of man cannot bee susteined without meate and souldiers wants can not be supplied where money lacketh it behoueth they should be furnished with ordinary and dayly wages Yet true it is that in times long since passed men of warre serued at their owne charge and without pay therefore at what time the Romanes begun to giue wages is not I thinke certainely knowen Some histories say that vntill the reigne of king Tullus the Romanes receiued no wages Others affirme that giuing of pay began when Massinissa made warre with Syphax king of Numidia for then Scipio hired certaine mercenary souldiers a course neuer before knowen among the Romanes Liuy writeth that in the yeere 348. ab vrbe conditae when Gneus Cornelius Cossus Valerius Potitus Publius Cornelius Cossus and Claudius Fabius Ambustus were Tribunes militarie with authoritie Consulate at the siege and sacke of Anxur now called Terracina the Senate decreed
the soldiers should receiue pay out of the common treasurie for saith he vntill that time euery man prouided for himselfe Howsoeuer these payments began sure it is as Thucydides writeth that in the warre of Peloponesus to euery footman two drachmae was daily giuen which in the moneth amounted vnto 60. How that pay may be compared to ours or the entertainement of souldiers in this part of Europe I know not Omitting therfore to say more therof let vs see how those payes were anciently bestowed Antoninus the Emperor decreed that in his reigne no wages nor donatiue should be giuen to any souldier for the time he did remaine with the enemie although at his returne he were allowed Postliminium It therefore seemeth strange that Modestinus holdeth that if a souldier taken by the enemy and hauing serued his full time doe returne home he ought not to be intreated as an old souldier and receiue reward as an Emeritus Whereunto Arrius Menander in his booke de re Militari assenteth yet here is to be noted that to receiue a donatiue and to receiue wages are diuers For Donatiues are bestowed onely on those men that haue performed their full time of seruice and called Emeriti but wages or ordinarie pay is due as a yeerely or monethly entertainement To me therefore it seemeth not necessarie that donatiues should be giuen vnto any man being a prisoner nor that he can challenge pay to be due during his absence vnlesse the same be granted by speciall grace and fauour of the Prince For who so is a prisoner in the enemies hand may be reputed a dead man and who can say a dead man deserueth pay Moreouer as he who without lawfull leaue absenteth himselfe ought to be checked so those souldiers that are slouthfull or lazie doe woorthily merite to lose their wages according to the censure of Antoninus Pius the Emperour saying That nothing was more vnreasonable then slouthfull folke to deuoure the common weale when by their labour they did not encrease the commoditie thereof Yet reason it is that sicke men should receiue their pay because they are supposed to serue although they be by want of health impeached neither ought they be abridged of pay that are imployed in their owne particular affaires so long as they depart not from the Armie nor the seruice receiueth preiudice CHAP. 19. ¶ Restitution of Souldiers goods THe Romanes and other free people made Lawes whereby such lands or goods as were taken from them by the enemy should be restored For what is lost in the warre or by meane of the warre the same was redeliuered vnto the owner by force of the said Law called Postliminij ius and it seemeth a course of naturall equitie that whatsoeuer hath bene taken and kept by force in absence the same should bee restored vnto the owner when he returneth As therefore by going out of our confines a man looseth his lands and goods so by entring againe hee may claime his owne This grace is granted not onely vnto men able for fight but also to all others that with counsell seruice or otherwise may stand the State in stead Likewise if a sonne be taken by the enemy and during his imprisonment the father dieth he may at his returne home enter into the possessions of the father Or if a mother were taken and her sonne yet vnborne in her body when he is borne he may be ransomed for the prise of one souldier and returne to the lands hee is to inherit yet true it is that freemen may not enioy the benefit of this Law vnlesse they returne with intention to abide in their countrey which was the reason that Attilius Regulus could not be admitted to receiue his owne hauing sworne to go againe vnto Carthage and not continue at Rome The same titles also haue they that bee owners of great ships and Galleys fit for the warre but Fishers and watermen are denied that aduantage because their vessels are made onely for profit or pleasure and not for the warre Neither may any fugitiue receiue this fauour for he that leaueth his countrey with intent to do euill or become a traitour must be accounted among the number of enemies But if a man doe goe vnto another countrey that is in league with vs and then returne albeit that countrey be distant from ours he shall not need to be restored by vertue of this Law but enioy his owne as if he had neuer gone from home Yet true it is that sometimes in peace a man may claime the benefit of Postliminium as when a freeman is deteined by force and made a captiue yet can hee not be said taken by the enemy because those violences which are vsed before the warre is published are not properly called actions of the warre though the difference seemeth small when they take from vs and we from them But if a captiue doe flee from vs and returne he shal not be allowed Postliminium Whoso is taken prisoner during his absence may be reputed as dead for so the law doth account him which reason percase mooued Caius Cotta returned home frō prison to say he was twise borne But here is to be remembred that no prisoner returned can by the lawe of Postliminium receiue wages or donatiue for the time of absence vnlesse it be by grace If a Citizen of Rome did goe from the Citie without licence of the Senate vnlesse he were taken by the enemy he lost the priuiledges of Rome but being taken and returned hee might recouer his citie and libertie It was also decreed by the Romanes that if a father or the people did giue or sell a man and the enemy receiue him he might not after be allowed Postliminium but if the gift were not accepted then he might because there is no giuer where a receiuer wanteth CHAP. 20. ¶ Of Donatiues or Rewards THe ancient Emperours and before them the Consuls and other commanders in the warre had in vse to bestow vpon Captaines and Souldiers certaine giftes to encourage them to serue well Those great Magistrates did also vse after or before any action of much importance to assemble their armie and then selecting out of the whole number some fewe men of most merite did giue vnto them notable commendation They likewise vsed to bestow a launce or sword vpon him that had wounded an enemie or some such weapon To him that had vnhorsed or spoiled an enemie if he were a footeman was giuen a pot of gold or other piece of plate If hee were a horseman he receiued an ornament or fauour to be set on his crest Hee that mounted first vpon the wall of an enemies towne receiued a crowne of gold These donations or fauours did not only encourage men to valour but also made them much honoured at home for besides glory and fame they were also receiued into their countreys with much pompe and applause which incited others to attempt the like Octauius Caesar after the Philippian
and all other Lords of the Court. The day of triumph being come the King and the Queene attended vpon by the troopes of men at Armes and Ladies aforesaid passed through London from the Tower to Smithfield Being come thither the King the Queene the Ladies and other honourable personages setled themselues in such places as were prepared and sorted with their degrees Then were the men of Armes marshalled and set in such order as they should runne The first courses were allotted to the Earle of S. Paul and his Band who were with great courage encountred by the English Betweene them the first dayes Iusting was spent and that night his Maiestie the Queene and all the company supped and lodged in the Bishops house neere to Saint Pauls Church The chiefe honour and commendation of that first fight was among the strangers giuen vnto the Earle of S. Paul and among the English the Earle of Huntington had the praise This magnificent supper ended euery one resorted to his lodging the King and Queene onely excepted who continued their lodging in that house all the time of that triumph The next day after noone King Richard himselfe in compleat Armour appeared in the fielde being followed with the whole band of English Knights Thither also came the Queene with her traine of Ladies and was set in that roome where the day before she had bene placed The first of the strangers that offered to runne was the Earle of Oye who presented himselfe and his companie most pompously furnished And after him followed the Earle of S. Paul with his troope of Frenchmen The Knights strangers being entred and readie were foorthwith incountred by the English The conflict continued till darke night with equall honour The Iusts of that day ended the King returned to his lodging accompanied with the Noble strangers and there supped The chiefe commendation of that day on the strangers part was allotted to the Earle of Oye who by his vertue without fauour so deserued Likewise among the English a Gentleman named Hewe Spencer was highly praysed On Tuesday also the men at Armes resorted to the Tilt and continued the exercise with great admiration of the beholders On Wednesday the runners intermingled themselues and euery one did runne as he thought good On Thursday the King conuited all the men and all the women supped with the Queene On Friday the whole company was feasted by the Duke of Lancaster On Saturday the King and the Queene accompanied with the Earles of Oye and S. Paul in great state rode to Windsor where they were most honourably intertayned and the Earle of Oye receiued the Garter From thence euery one returned home CHAP. 30. The triumphall passage of Charles the fift Emperour through France Anno 1540. IN the moneth of December this Emperour arriued at Bayon where the Dolphin and Duke of Auuernia with great pompe receiued him Being in the towne he behaued himselfe as King pardoning offenders and deluering them from prison From thence with like Maiestie he passed to other cities accompanied with the sayd Dolphin and Duke where he vsed the same authority In Ianuary hee came to Castelloaldum where the King in person with much magnificence intertained him From thence he passed to Amboyse where King Charles the 8. had built two great towers the walles whereof are so large as Mules and Carts may passe vpon them The King then to the end that Caesars entrie in the night should bee the more magnificent furnished those towers with an exceeding great number of lights so as they might behold all the Countrey as if it had bene faire day But when Caesar was going vp by great mishap the tower fell on fire the flame and smoke whereof became so great as euery one feared lest the Emperour should haue bene smothered Whereupon all men there present laboured by fleeing to saue themselues Some that were suspected to haue done this fact were apprehended and the King did command they should be hanged though indeed no proofe appeared but Caesar would in no wise they should die so were they pardoned After this disaster the King conducted the Emperar to Bleas and from thence to Fountainableu where they hunted hauked and beheld certaine Iusts and Tournaments in conclusion no sport or solace was omitted From thence the Emperour attended by the Dolphin and Duke went to Paris Before he entred the citie the Burgesses and Citizens of all sorts came foorth and receiued him with no lesse ceremony then if the King had bene present there he also set at libertie all prisoners From thence he passed vnto the Constables house and was there most honourably lodged At last he went into Picardy and so to Valentia which is the first town of his iurisdiction in Belgica vnto which place the Dolphin and Duke did follow him CHAP. 31. The triumphall Entry of Philip Prince of Spaine at Milan An. 1548. THis Prince entred at the gate towards Pauia where the citizens had made a stately bridge whereupon they shewed diuers Pageants Arkes triumphal adorned with verses and sentences very markable About three of the clocke after noone he entred the citie where the most reputed citizens did attend him in Burgo della Trinitá as they call it Being passed that place hee was saluted by Caesar Gonzaga the Count Iohn Treuultio the Count Charles Belgioso and many other noble persons richly apparelled After them Mutio Sforza presented his reuerence being accompanied with a great troupe of Gentlemen of the Countrey clad in white silke and bearing in their hands Pollaxes the heads of them were gilt and the staues couered with white silke Then followed the Doctors schollers accompanied with 300 horsemen apparelled in yellow coats And immediatly appeared two other troupes of men lightly armed which company garded the ancient Lords and Noblemen of the countrey among whom were some Princes Earles and Barons That troupe was so great as two houres sufficed not to see them passe They that rode next vnto the Princes person were the Duke of Alba the Duke of Sossa the Marquesse of Pescara the Admiral of Castilia the Marquesse Milo Ferdinando Gonzaga On the one side of the Prince the Cardinal of Trent on the other the Duke of Sauoy did ride Behind them followed fiue companies of men at Armes apparelled in siluer and gold conducted by Count Alexander Gonzaga Count Francisco Somaia Count Philippo Tornello two other noblemen I omit to tell of diuers shewes Arkes triumphal and other sights wherwith in euery streete the Prince was entertained by Italians onely These Complements ended the Prince came vnto the chiefe Church at the doore whereof were excellent Paintries The Prince in his entire to the Church was by the Senate and people of Milan presented with a basin of gold ful of double Duckats to the number of ten thousand as was reported The Prince thus entertained and setled in the citie Iusts and Tournaments were brought before him The Actors in that triumph were apparelled in
so haue I long desired to do and no time more fit then now when the Constable and his company may be iudge Yet such is my hap as I haue no Armor at hand For supply of that want quoth Boucmelius I will take order that two Armors shal be brought vnto vs and of them the choise shal be yours with euery other thing fit for our purpose This agreement made they imparted the same vnto the Constable and obtained his license yet with condition that they should attend vpon him the next day at which time hee would with other noble men see what should be the euent of that Action About the houre appointed these Champions did appeare and at the first course Clifford with his Launce pearced through the Armor and body of Boucmelius of which hurt he presently died This accident much grieued the French and Clifford himselfe was not a little sory which the Constable perceiuing said vnto Clifford Be not dismayed for this is the fruite of like aduentures and if my selfe had beene in thy place I should haue done the same for better euer it is to doe then suffer at the hand of an enemy The Constable hauing ended his speech conuited Clifford with his company to dinner and then caused them to be conducted to the next towne in safety CHAP. 36. ¶ An other Challenge of a French Gentleman in Spaine IN the Army of the King of Castile there was a French Gentleman young of yeeres and in Armes of great reputation men called him Tristram de Roy. He seeing the warres ended betweene the Kings of Castile and Portugal determined to returne home Yet desirous by some means to gaine honor before his arriuall in France procured an Herauld to goe vnto the English Army and proclaime That if any Gentleman there would breake three Launces he would challenge him This challenge being heard in the English campe a braue young Gentleman named Miles Windesor accepted thereof hoping by that occasion to merit the honour of Knighthood The next day according to appointment he appeared in the field accompanied with Mathew Gorney William Beuchamp Tho Simons the L. Shandos the L. Newcastle the L. Bardolf and many others The French Challenger appeared likewise honourably graced with friends and thus both parties in readinesse to runne the Lord Souldichius bestowed the dignitie of Knighthood vpon the said Windsor Which done the one charged the other and the two first courses were perfourmed with great courage yet without any hurt But in the third course the armour both of the one and the other was pearced through yet by breach of the launces both of them escaped more harme CHAP. 37. One other notable Challenge in France Anno 1390. IN the reigne of King Charles the sixth three noble young men of great hope and much affecting the warre liued in that Court viz. Mounsier de Bouciquant the younger Mounsier Reynaut de Roye and Mounsier de S. Pye all Gentlemen of that Kings chamber In the same time also there was in England a Knight for valour and militarie vertue of great fame men called him Sir Peter Courtney He hauing obtained license passed the sea and trauelled to Paris After a few daies rest in that citie he challenged Mounsieur Trimoulie a noble Gentleman in great reputation who accepting the defie obtained license to answere appointing a day and place The time being come the King accompanied with the Duke of Burgundy and many other great Estates went to behold that conflict The first course was performed exceeding well and ether partie brake his launce with commendation But the second launce being deliuered into their hands the King inhibited more should be done seeming somewhat offended with the English Knight who had made sute that he might be suffered to doe his vttermost This Action by the Kings commaundement was stayed and Sir Peter Courtney therewith grieued thought good to abandon that Countrey and so desired he might doe The King well pleased he should depart sent vnto him an honourable gift and the Duke of Burgundie did the like The King also commaunded Mounsiuer de Clary a greaâ— Lord to accompany him to Callis By the way they visited the Earle of S. Paul who married King Richards sister of England The Earle in most courteous manner welcommed Sir Peter and the rather for that his Ladie had formerly bene married to the Lord Courtney his kinsman who died young This Sir Peter Courtney being well entertained the Earle and hee with their company supped together in which time as the custome is they communed of many matters Among which the Earle asked of Sir Peter how he liked the Realme of France and what conceit he had of the Nobilitie Whereunto Sir Peter with a sowre countenance answered That hee found in France nothing to be compared with the magnificence of England though for friendly entertainment hee had no cause to complaine yet saide Sir Peter I am not well satisfied in that matter which was the chiefe cause of my comming into France For I protest in the presence of all this Honourable company that if Monsieur de Clary beeing a Noble Gentleman of France had come into England and challenged any of our Nation he should haue beene fully answered but other measure hath ben offered to me in France for when Monsieur de Tremoulie and I had engaged our honour after one Lance broken the king commanded me to stay I haue therefore sayde and wheresoeuer I shall become will say that in France I was denyed reason and leaue to doe my vttermost These words much moued Mounsieur de Clary yet for the present hee suppressed his anger hauing charge to conduct Sir Peter safely vnto Calis Notwithstanding this heate quoth the Earle let mee tell you Sir Peter that in mine opinion you depart from France with much honour because the King vouchsafed to entreate you that the fight might stay whom to obey is a certaine signe of wisedome and praise worthy I pray you therefore Sir Knight haue patience and let vs proceede in our iourney Thus Sir Peter hauing taken leaue of the Earle passed forth towards Calice accompanied with Mounsieur de Clary who so soone as they were entred into the confines of the English Dominion Sir Peter most heartily thanked him for his company and courtesie But Clary hauing made an impression of such sowre speeches as Sir Peter had vttered in the Earles house said thus Hauing now fully performed the Kings commandement conducting you safe to your friendes I must before wee part put you in minde of your inconsiderate words in contempt of the Nobility of France And to the end you being arriued in England shall haue no cause or colour to boast that you were not answered in France Loe here I my selfe though inferiour to many others am this day or to morow ready to encounter â—ou not for malice to your person or gloriously to boast of my valour but for conseruation of the fame and honor
Lea and S. Pye either of them being disarmed on the head departed The tenth encounter was betweene Aubrigcourt and Roy. This Aubrigcourt was not borne in England but brought vp in the Court of the most noble King Edward At their first course they were both violently stricken on the head and in the next on the breast and so they parted But Aubrigcourt not so contented challenged Bouciquaut who answered him two courses with equall fortune and the third course they were both disarmed on the head Such was the successe of the third dayes meeting The fourth meeting ON Thursday which was the last these noble Knights returned to the field where Godfrey Eustace made the first encounter against Bouciquaut and were both hurt on the head The next encounter was betweene Alanus Burgius and S. Pye with being both disarmed on the head The next encounter was betweene Iohannes Storpius and Bouciquaut in which courses the English mans horse was said to fall downe The next encounter was betweene Bouciquaut and an English Knight called Hercourt belonging to the Queene of England but not borne in England At the first course Bouciquaut missed and the English Knight brake crosse which is an errour in Armes and thereupon much disputation arose betweene the French and English For the French affirmed that Hercourt by law of Armes had forfeited his Horse and Armes but at request of the company that fault was remitted and he permitted to runne one course more against Roy who had not runne that day and therefore willingly consented The courses betweene these Knights were exceeding violent but the Englishman being wearied was vtterly throwen from his horse and as a dead man lay flat on the ground but afterwards he reuiued lamenting that disgrace The fifth encounter was betweene Robert Scrope and S. Pye who after three courses gaue ouer without losse or gaine The sixth encounter was betweene Iohn Morley and Reginaldus Roy for the first blow was so violent as forced their horses to stand still in the place of meeting The seuenth encounter was betweene Iohannes Moutonius and Bouciquaut both of them at the first meeting had their shields pearced and after were disarmed on the head The eight encounter was betweene Iaqueminus Stropius and S. Pye At the first course both their horses went out At the second they brake both on the head At the third both their Lances fell from them and at the last the Englishman pearced through the Aduersaries shield but was himselfe dismounted The ninth encounter was betweene Guilielmus Masqueleus and Bouciquaut These Knights with equall courage and skill perfourmed well their courses The last encounter was betweene Nicolas Lea and S. Pye the one and the other of them brake their Launces well till at the last they were both disarmed on the head The Challenge thus ended all the troupe of English Knights hauing attended that busines full foure dayes thanked the French Knights for being Authours of so honourable a triumph On the other side the French much thanked the English for their company and the King who was there secretly returned home where hee enformed the Queene what honour had bene done to all Ladies CHAP. 39. The triumphant Interuiew of the Kings of England and France An. 1519. THese most excellent Princes hauing occasion of conference appointed a meeting in Picardie The day drawing neere the king of England passed the seas and arriued at Calice from whence hauing reposed himselfe he remoued to Guynes The French King likewise being come lodged at Ardes Betweene the one and the other of those townes as it were in the mid-way a place of meeting was appointed Thither went the one and the other of those Kings most royally mounted and followed with so great magnificence as in an hundred yeeres before the like sight had not bene seene in Christendome Some writers haue in vaine laboured to set downe the royalty and exceeding pomp of those Courts which might be seene but not expressed At the place of meeting two Pauilions were erected the one for the French king the other for the King of England These Princes being come embraced one the other and that done they went together into one Pauilion The French King was accompanied with his Lord Admiral called Boniuett his Chancellor and some fewe other Counsellors The King of England had with him the Cardinall of Yorke the Duke of Norffolke and the Duke of Suffolke Then hauing set in counsel and returned to their Pauilions they bethought them of entertainement sports and princely Complements For which purpose commandement was giuen that a Tilt should bee erected where Iusts Tournaments and other triumphall exercises continued about fifteene dayes for so long those Princes remained there One day the King of England conuited the French King feasted him in his Pauilion which was a building of wood containing foure roomes exceeding large and so richly furnished as haply the like had not bene seene in Christendome That Frame was purposely made in England and after the feast taken downe to be returned One other day the French King feasted the King of England in his Pauilion wherein hanged a cloth of Estate marueilous large and so rich as cannot be expressed The ropes belonging to that Pauilion were make of yellowe silke and gold wreathed together The Kings being ready to dine there happened so great a storme of wind as fearing the Pauilion could not stand they remooued from thence to the place where the Fortresse is nowe and beareth the name of that banquet The apparell Iewels and other Ornaments of pompe vsed by Princes Lords Gentlemen awaiting on those Kings cannot be esteemed much lesse expressed for as mine Author sayth some caried on their backes the prise of whole woods others the weight of ten thousand sheepe and some the worth of a great Lordship CHAP. 40. A Triumph celebrated in France Anno 1559. WHen the mariage betweene the King of Spaine and Elizabeth eldest daughter of Henry the French King was concluded in signe of congratulation and ioy a royal Triumph was proclaimed and prepared at Paris whereunto the Nobilitie of all France Spaine and the Lowe countreys repaired which done a solemne Iust and other military sports were taken in hand wherein the King in his owne person the Duke of Ferrara the Duke of Gwyze and the Duke of Nemors were Challengers The place for performance of that Action was appointed in the streete of S. Anthony in Paris and there a Tilt with euery furniture fit for such a feast was prepared To that place as at like occasions it happeneth resorted an infinite number of people to behold for whom scaffolds and stages were ready to receiue them and those places not capable of so excessiue a number many of the people bestowed themselues on the sides and roofes of the houses The first courses were performed by the French King to his great glory the rest of the Challengers also very honourably did the like Then the Lords and
his shield his head-peece or sword shal be punished as a Desertor In this age to loose exchange or borrow the Armes belonging to another Ensigne is an offence very great and so punished by the Edict of Francis the French King Likewise by the Law of Scotland if any Souldier doe empawne his sword hee should be reputed vnworthy the company of other Souldiers and iudged infamous yet true it is that if any yong Souldier whom the Romanes called Tyro do commit that fault he ought to be punished with more fauour Now concluding wee say that seeing the losse or selling of Armes argueth no magnaimitie courage or care of a Souldier but is rather a signe of slouth and pusillanimitie incurring that error hee is not to be esteemed better then a base or abiect companion And for that reason it seemeth the Spartans did well to banish Archilocus the Poet writing these words Melius est arma abijcere quà m mori Among these Militarie crimes we may not forget that which the lawe calleth crimen falsi This fault may be diuers wayes committed and chiefly by fayning sicknesse which is a signe of cowardise and vnworthy a souldier The Lawyers assigne to that offence a beating with cudgels Another way this fault may be incurred if a man that is no souldier wil affirme he is a souldier or weareth an Ensigne which he ought not the one was punishable by the law Cornelia the other to be more seuerely punished by the opinion of Modestinus The Egyptians made a law that who so counterfeited false letters or razed any writing should haue both his handes cut off Kenethus king of Scots made an ordinance in his kingdome that who so committed this fault should be hanged and forthwith cast into a graue Of this crime are they also guiltie that make any counterfeit money and they that forge false keyes to escape out of prison Yet Constantinus the Emperour referreth this last fault to the discretion of competent Iudges It is also a fault very infamous to commit any theft either in the fielde or towne and consequently seuerely to be punished The Romanes vsed therefore to sweare souldiers were they seruants or freemen to carie nothing out of the campe or if by hap any thing were found then the finder to bring it vnto the Tribune But if neither loue of vertue nor othe preuailed to withhold men from stealing then were they with great seueritie by the Romane law punished Valentinus and Theodosius consented that if any souldier did spoile houses or fields the countrey people might then assemble and kill them The like was permitted by the Edict of Francis the French King 1523 yet with this caution that if any of those theeues were taken aliue that then they should be brought before the Iudges or Gouernours of the prouince and by their discretion receiue correction This crime was euer accounted so detestable as whosoeuer therein did offend though the goods taken were of small worth yet was the offendour seuerely chastified Tiberius the Emperour caused a souldiers head to be cut off for stealing a Peacoke Charles Duke of Burgundie commanded a souldier to be nailed vnto a post for taking a hen from a poore woman Selim the Turkish Emperour caused Bostangi Bassa his sonne in law to be beheaded for spoiling the Prouinces where he was gouernor Francis the French King decreed That if any purueyour or victualler of the Campe contrary to his Commission did exact or cary away the commodities of his subiects it should be capitall were it in towne or countrey For many respects also the vice of adultery ought be seuerely punished as well in warre as peace which caused Lucius Cautilius Scriba the same yeere the Romanes were defeated at Canna by commaundement of the chiefe Bishop to be beaten extreamely for hauing committed that crime with Florina Iulius Caesar likewise caused a speciall fauorite of his to be capitally punished for dishonoring the wife of a Romane gentleman though no complaint was made thereof Papinianus the doctor sayth That if any souldier doe keepe in his house his owne sisters daughter hee may be reputed an adulterer And as a Maxime or Rule it was decreed by all doctors of Law That no souldier condemned of adultery may after beare Armes By the law Iulia the crime of adultery was thought worthy of infamie and the offenders disabled to beare Armes Aurelianus commanded that if any souldier did rauish the wife of his host he should be tyed vnto two trees and torne in pieces Frotho king of Scots made a law That if any man by force defloured a virgine he should be gelded The Egyptians proclaimed That whosoeuer was found in adultery although it were with consent yet the man should be beaten with a thousand stripes and the woman haue her nose cut of◠Diuers other military offences there are which for breuitie I omit wishing all Princes Generals and other soueraigne commanders in Armes to encline rather to mercy then extreame seueritie following the aduice of Salustius who perswadeth that souldiers should not for ordinary errours be punished like vnto vulgar people and euer respect to be had vnto those that were ancient seruants and Emeriti For in the raigne of Antoninus so great honour was giuen to old souldiers called Veterani or Emeriti as if any of their sonnes had offended they were not like to others condemned to labour in the mines of mettall or other publike workes but sent into a certaine Iland And heere is to be noted that this fauour extended no further then the first degree It is also to be remembred that as punishments are diuers so ought they be diuersly inflicted for no Captaine or other commander of greater qualitie ought be condemned to the mine or forced to labour in those workes neither may hee be hanged or burned vnlesse the crime be capitall Also souldiers should not bee cast vnto beasts to be eaten nor put vnto torture which priuiledge is precisely obserued in Italy And in this point Magistrates are to regard the qualitie of crimes and the circumstances for hee that committeth an outrage vpon his father meriteth an extreame punishment but he that is drunke or wanton deserueth not so great an infliction The qualitie of offenders is also to be looked vnto for freemen and bondmen are not to be equally vsed Nowe to conclude this matter of crimes military we say that the Romanes practised all these punishments Viz. Pecuniaria mulcta Munerum indictio Militiae mutatio Gradus deiectio Ignominiosa missio Which is Pecuniall taxation Forfeiture of immunitie Putting out of seruice Degradation and Ignominious cassation CHAP. 15. ¶ Of punishment pecuniarie SOme crimes are of such quality as souldiers are onely checked in their pay for negligence or otherwise taxed for their absence yet ought they not be reproued as Desertors or loyterers if by sickenesse imprisonment or other constraint they were forced to commit offence For to such faults the law assigneth no other punishment
brothers sight for being a mouer of that warre We therefore conclude that hostages may be giuen and ought to be receiued for performance of capitulations because peace assured is better then victorie hoped for And here it shall not be impertinent to remember that a yong Gentleman nephew to Marcus Bambalionus remaining an hostage by his discretion practised a peace with the enemie which by other mediation could not be compassed CHAP. 23. ¶ Restitution of Souldiers persons IT seemeth not reasonable that a souldier hauing endured the fortune of warre and therein also hazarded his owne life falling into the enemies hand should be depriued of any priuiledge or profit to him due The Emperours Dioclesianus and Maximinianus commaunded that souldiers taken by the enemy and returned home should be restored to all they lost although their goods were seazed and confiscate yet diligent inquisition to be made whether that soldier were remaining with the enemy willingly or by force In this case the opinion of Adrianus the Emperour is to be allowed saying A souldier willingly taken and let loose ought be returned backe to the enemy but if he were taken in seruice and after escaped then ought he be restored to his former estate But thereof good proofe is to be made for if before that time he had bene esteemed a faithful souldier then some credit ought be giuen him but if hee were an Emansor a man negligent or one that had bene long absent after returned then should he be little beleeued The doubt therefore is whether a souldier thus returned hath bene a fugitiue or a prisoner In the one case he shal be punished in the other he ought be restored and receiue his pay with recompence as a veteranus or old souldier We conclude therefore that coÌ„mon souldiers and officers in the warre also being deteined by the enemy ought to be fully restored and participate of euery Donatiue or other liberality the Prince shall please to bestow And Vlpianus did thinke that such allowance might be demanded in the name of the souldier remaining prisoner if his Attorny did so require By the law Imperiall the same is also commanded and if a souldier together with his father and mother were taken prisoner the father and mother dying in prison the sonne may by the law Cornelia challenge their goods and lands For considering his absence was occasioned by seruice of the common-weale he ought not only to receiue restitution to his countrey but also enioy his best fortune with the greatest reward can be reasonably required CHAP. 24. ¶ Priuiledges anciently granted vnto Souldiers SOuldiers were by ancient custome vnconstrained to pay subsidies out of lands confining or fronting vpon the enemies countrey and during their seruice in the field were excused from all ordinary impositions and taxations also from bestowing of gifts and giuing of rewards Souldiers accused of any crime ought not be tortured or being found gilty might not be hanged vpon any gallous or gibbet before iudgement were lawfully pronounced Souldiers were priuiledged from guing witnesse in twenty causes Souldiers during the warre were free from prescription Souldiers ought to receiue restitution of all things taken from them or their wiues Souldiers were exempt from preuention of Iustice and permitted to vse priuiledge Souldiers could not be constrained to take tuition of another souldiers children Souldiers were credited more then other men in the buying of wares for their money Souldiers payed custome for the wares they caried yet what a souldier bare about him was not subiect to confiscation Souldiers were not retained in prison or forced to pay aboue their power Souldiers were excusable of contumacie and supposed deceipt yet if he were called ought to appeare Souâ—diers being prisoners were set free vpon the bond of those that were sutors for them Souldiers might not be punished hauing about them any badge or ensigne of honour but before punishment were inflicted those badges were taken away If any souldiers Attourney did make a contract or bargain the souldier was bound to performe it CHAP. 25. ¶ Of Cassation and Dismission THe Romanes vsed diuers Especes or kindes of Cassing calling one honourable an other causary and the third ignominious which diuers names did proceed from diuers reasons But first is to be considered that the Romane souldiers were Legionary and perpetuall but ours are onely voluntary and temporal Their Legions were continually in being without discontinuance euer in exercise and in time of peace preparing for the warre But our bands do assemble extraordinarily and casually when perill doeth approch or when the Prince is pleased vpon any sudden to call them And as our souldiers are by vnlooked for occasion assembled so are they returned home so soone as the warre which was cause of their conuocation ceaseth This is the reason that Cassation which the Romanes did accompt dishonorable or infamous seemeth to vs little or no disgrace at all For indeed the Romanes did hold no dismission honourable vnles he who was dismissed did depart by licence of the Emperour or Generall and that with speciall grace and fauour The Romane custome was also such as no man of Armes was Cassed with honour vntill he had serued a horseman tenne yeeres a footman twenty yeeres and sea souldiers twenty fiue yeeres In the end of which termes the men of warre were licensed to depart with commendation and for the most part with recompense of seruice to some more and to some lesse according to their merits From which time forwards they continued or discontinued at their pleasure or if they were required to stay in the Legion the same was by way of intreatie and no compulsion and during that abode to be free from all seruices and impositions saue onely to fight with the enemie Also whensoeuer those men marched they followed a particular Banner purposely appointed for old souldiers leauing the Standard ordinary and the Eagle And if they or any of them desired to returne vnto his owne house they were permitted so to doe and receiued diuers priuiledges confirmed and increased by Constantine the great Thus much concerning Cassing honourable Touching Cassation causary or reasonable that was euer in consideration of sicknesse or disability accidentall and vncurable as if any Souldier became blinde or lame or happened to haue any such impediment as might make him vnfit for Armes Cassation ignominious was for some offence or crime worthy of lesse punishment then death and who so was in that sort cassed might no more abide in Rome nor approch the Emperiall Court. By an Edict of the Pretor a souldier was noted of infamy if he departed from the Armie and so iudged by the commandement of the Emperour or generall Captaine and euery souldier so sent away shal be iudged infamous whether he be a common man or a particular Captaine or other inferiour commander Pomponius addeth that if a Chieftaine or other officer although he weare the ensignes of a Consul may be cassed with infamie
sacrifice the bodies of men taken in warre as an oblation to the gods most acceptable Howsoeuer these people handled the matter it is no doubt lawfull for men that are victorious peaceably to rule and command those that are victored And Ariouistus answering Caesar sayd that the people of Rome vsed to command nations conquered according to their owne discretion not the dâ—rection of others Who so therfore falleth into the hands of an enemy becommeth his captiue neither can he be owner of any thing when he himselfe is possessed by another This only remaineth that in him there resteth a right and title to his owne notwithstanding possession be lost Here we may also remember that all places taken by the enemy doe cease to be sacred or religious yet being deliuered from that calamity they returne to their former estate Iure postliminio Therefore seeing the graues of the enemy are not to vs sacred the violation of them do beare no action CHAP. 32. Of rescuing and ransome of Prisoners IF any souldier be taken and by aide of others rescued he ought not remaine prisoner to the rescuers but shall forthwith be restored to liberty and enioy his former estate for souldiers must be defenders of fellowes in Armes not their masters Likewise if any stranger do redeeme a prisoner from the enemy the souldier redeemed shall not be accounted the strangers prisoner but remaine with him as a pledge vntill the ransome be paid for so was it decreed by Gordianus the Emperour If a woman prisoner be redeemed from the enemy and marieth with him that redeemeth her in that case she and her children shall be discharged both of bondage and paiment of money If any man shall redeeme a prisoner taken by the enemy the prisoner is forthwith at liberty and the redeemer shall be compelled to accept the price offered without further question If a man contracteth marriage with a woman his prisoner hee shall be iudged to haue forgiuen her ransome Yet if a dishonest woman redeeme her daughter from the enemie and knowing her to be honest shall deliuer her to be dishonoured and the daughter to preserue her chastity fleeth to her father in that case the mother maketh her selfe vnworthy to receiue the prize in respect of her lewd intention and the daughter shal be restored freely to her liberty This is also a rule generall that a freeman taken by the enemy and redeemed so soone as his ransome be paid or his body by other meane set at liberty he thereby recouereth his former estate in the meane space although the ransome is not fully satisfied yet may he challenge his right of succession so as thereby hee shall in time be able to discharge the debt Moreouer if he who redeemeth a prisoner shall remit the bondage of his pawne yet is not the redeemed at libertie from his redeemer albeit he be restored to that freedome which formerly he had lost but hee shall not be compelled to doe seruice vnto the children of the redeemer The first beginning to giue ransome for redeeming of captiue Souldiers was after the defeate of Canna at which time Hannibal did grant leaue that the Romanes might ransome themselues The price then of a horseman was fiue hundred pieces of money a footman three hundred and for a seruant one hundred And if any moneys or other goods were left in deposito or giuen to redeeme a captiue they might be lawfully demanded during an hundred yeeres after Neither ought it be thought strange that a part or an whole inheritance belonging vnto a captiue and left vnto persons vnknowne ought be bestowed to redeeme him For heretofore the Emperours moued with pitie and compassion of poore Souldiers misaduentures haue by Law decreed that an whole inheritance may be giuen to ransome captiues because nothing should be withholden from redeeming men that haue endured the fortune of warre in defence of our countrey CHAP. 33. ¶ Of Enemies WE properly call those people enemies that publiquely do make warre vpon vs or against whom we make warre yet theeues and robbers cannot be named enemies neither may they be reputed captiues that are taken or kept by theeues and being set at liberty shall not need to be restored by Postliminium But who so is taken in the warre is a prisoner vnto his taker and being set at libertie by the Law of Postliminium shall recouer his former estate The people that moued warre against the Romanes were euer thereunto mooued either by ambition as the Parthians or by desire of libertie as the Germans by whom at length the Romane Empire was subuerted The Athenians vsed to contend with some enemies for victory but with the Barbarians they fought vntill death because they were reputed their greatest enemies to whom if any man did giue aide or meanes to spoyle the countrey he was burned aliue if he sold any port or hauen he deserued losse of life and he that furnished the enemy with hay or come was likewise capitally punished The Romanes would not receiue conditions from any enemy being in Armes because as Quintus Cicero said an enemie ought with hands and feete to be repulsed In Macedon a Law there was that whosoeuer did returne from the warre and had not slaine an enemie should be strangled with a cord The Scythians had an vse that at solemne feastes no man should drinke of the great cup which was caried about vnlesse he had slaine an enemy The Iberi had a custome to set about the tombe of euery dead man so many Pyramids as he had slaine enemies The Persians made a Law that Explorators and spies in consideration of the dangers they indured should be mainteined by publique contribution And albeit the hate which enemies haue one towards the other be great yet the Indians in time of warre did refraine to vse force against Plowmen or molest them being reputed ministers of common vtility Pomponius writeth that in Rome it was not lawfull for any man to passe out of the City by other way then the gates for otherwise doing he should be reputed an enemy which was the cause that moued Romulus to kill his brother Remus when he climed vpon the wall yet was hee no enemy Howsoeuer that was Martianus affirmeth resolutely that wheresoeuer a fugetiue is found there may he lawfully be killed as an enemy yet is he not so called CHAP. 34. ¶ Of immunities Militarie ALbeit vnfit it were that souldiers discontinuing the warre whom we formerly called Emansores or other men newly entred into that profession should be protected or excused from payment of debts or otherwise priuiledged yet meet it is that men of long and loyall seruice should be in some sort borne with and fauoured In that case therefore diuers immunities haue bene anciently granted vnto souldiers of great seruice or good merit as appeareth by diuers decrees made by the Emperours Seuerus and Antoninus who dispensed with an execution awarded against one man called Marcellus commanding that his pay
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
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
fell to the ground after the Combattants did enter into the Lists aswell from the Challenger as the Defender But all the rest appertained to the partie victorious whether he were Challenger or Defender The Barres Posts Railes and euery other part of the Lists were also the fees of the Marshall Certaine Combats granted by the Kings of England EDmund of the race of West Saxons fought in Combat with Canutus King of Denmark for the possession of the Crowne of England In which fight both the Princes being weary by consent parted the land betwixt them Anno 1016. Robert Mountfort accused Henry of Essex of treason affirming that hee in a iourney toward Wales neere vnto Colshill threw away the Kings Standerd saying the King was dead and turned backe those that went to the Kings succour Henry denied the accusation so as the matter was to bee tried by Combat The place appointed for fight was a little Isle neere vnto Reding In this Combat Henry was vaquished and fell downe dead and at the sute of friends license was obteined that his body might be buried by the Monks of Reding But it happened that the said Henry recouered and became a Monke in that Abbey Anno 1163. In the raigne of King Henry the second Henry duke of Hereford accused Thomas Mowbray duke of Norfolke of certaine words by him spoken as they rode betweene London and Braineford tending vnto the Kings dishonour Thomas duke of Norfolke denied to haue spoken any such word but Henry affirming his accusation the King granted the Combat to be performed at Couentry the seuenth of September 1398. Anno Rich. 2. but the combat was not performed for th' one and th' other party was banished the Realme A combat was fought at Westminster in the Kings presence betweene Iohn Ansley Knight and Thomas Catrington Esquier whom the said Knight had accused of treason for selling the castle of S. Sauiours which the Lord Chandos had builded in the Isle of Constantine in France In which combat the Knight was victorious Anno 1374. Rich. 2. A combat was granted vnto an Esquier borne in Nauar to fight with an English Esquier called Iohn Welsh whom the Nauarrois accused of Treason But the true cause of the Nauarrois his malice was that the said Welsh had dishonoured his wife as being vanquished he confessed The King gaue sentence he should be drawne and hanged Anno 1344. Rich. 2. A combat was fought betweene sir Richard Wooduile and one other Knight borne in Spaine After the thirde blow giuen the King stayed the fight Anno 1441. Henrici 6. A combat was granted vnto Iohn Viscount borne in Cypres and Thomas de la Marsh Bastard sonne vnto Philip King of France in the raigne of king Edward the third at Westminster CHAP. 18. Of Triumphs Ancient and Moderne TRiumphs haue bene commonly vsed at the Inauguration and Coronation of Emperors Kings and Princes at their Mariages Entry of cities Enteruiewes Progresses and Funerals Those pompous shewes were first inuented and practised by the Romanes whom dâ—uers other Princes haue imitated though hard it was and happily impossible for any Prince to equal them in magnificence Yet reade we may that Xerxes Darius and Alexander the great were Princes of marueilous puissance and for triumphs admirable Howsoeuer those matters were handled certein it is that albeit our Princes of Europe in respect of Christian religion doe in some sort contemne excesse of Mundane glory yet haue they euer liued royally and at occasions triumphed with princely honour and greatnes according to the measure of their Empires as shall hereafter appeare But first we haue thought good to speake of Romane Triumphs and briefly to touch in what order they triumphed for to report them at large were a labour almost infinite CHAP. 19. Of Triumphes and their originall VArro saith That Princes and great Captaines being returned to Rome with victory were allowed to passe with their armie through the citie vnto the Capitall singing Io. Triumphe Io. Triumphe The first inuentour of Triumphes was Liber Pater as Pliny saith Yet certaine it is and so by lawe prouided that no man should be admitted to Triumph vnlesse he had vanquished full fiue thousand enemies Cato and Martius Tribunes of the people by law also decreed that who so vntruely reported the enterprize he had done should incurre punishement Therefore entring into the citie euery Triumpher did first come before the Questors and deliuer his actions in writing and sweare they were true It was likewise by law prouided and by custome also obserued that only for recouery of dominion no man should bee permitted to triumph Which was the cause that neither Publius Scipio for the recouery of Spaine not Marcus Marcellus for taking of Syracusa were suffered to triumph The first that imitated Liber Pater in triumphing was Titus Tatius when he triumphed for victory of the Sabini yet was that no full triumph but as they called it Ouante because his victorie was not great and without blood For the same reason the crowne he ware was made of Myrtel which euer after was the crowne of all Captains that triumphed for victories of meane reputation In that age also it was vnlawfull for any man to triumph vnlesse he were a Dictator a Consull or a Praetor Therefore L. Lentulus being Proconful although he had performed great seruices in Spaine yet was he not admitted to enter Rome but Ouante Afterwards Scipio most instantly required to triumph hauing deserued great glory but till that time no man without office had triumphed Likewise C. Manlius by the base people elected the first Dictator by their commandement also without allowance of the Patritij did triumph And Gneus Pompeius a Gentleman Romaine before he was of age to be Consull triumphed twise Another law or custome there was that no Captaine might triumph vntill he had brough backe the armie and therewith also deliuered the country of his charge quiet into the hand of his successour For Lucius Manlius the Consull hauing effected great victories in Spaine was in the Hall of Bellona denied to triumph because the countrey where he commanded was not in peace as Liuie reporteth CHAP. 20. The maner of triumphing and the habits of the Triumpher in Rome THe Prince or Captaine that triumphed was euer drawen in a chariot as appeareth by the Arke Triumphall of Titus and Vespatian and likewise by that of L. Verus Antoninus made of marble yet extant in Rome This Arke was drawen by foure white horses Others vsed in their chariots white Buls or Elephants As Pompei triumphing of Affrica had in his chariot Elephants onely But Caesar surpassing all others in pompe was drawen by forty Elephants and in the day time conducted to the Capitoll with torches when he triumphed ouer the Galli Some writers haue said that the Emperour Aurelianus was drawen with foure Harts or Stags and being come to the Capitoll he caused them all to be slaine and sacrificed to Iupiter Optimus Maximus
farre from this chariot were twelue other chariots ornified with gold and siluer Then marched more horsemen of twelue diuers nations diuersly armed and of diuers qualitie Next to them were ten thousand men whom the Persians called immortall Some ware chaines of gold others had coates with sleeues embrodered with gold and set with rich stones Not farre off were fifteen thousand men whom they called the Kings cosins which number was furnished rather richly like women then well armed they were called Doryphori Next to this troupe were other men apparelled like Kings They went before the Kings chariot he being caried vp higher then any other These chariots were loden with Images of the gods made of siluer and gold Betweene the Images a partition was set with rich shining iewels the one side represented a warre and likewise the other Among these things they sacrificed an Eagle of golde spreading her wings but of all things the Kings attire was most admired His apparell was of purple parted in the middes with white and ouer it he had a short cloke like a womans garment embrodered with Sparow-haukes of gold very strangely His girdle was womanlike small and girt whereat hanged a Scimiter or crooked sword the sheath thereof was set with precious stones On his head he ware a royall cappe called Cidaris which all Kings of Persia doe vse It was tied on his head with a lace part of skie colour and part white After the chariot followed ten thousand Lances adorned with siluer and next to the chariot certaine choice men caried Darts gilded Also on either side his neerest of blood did accompany him This troupe contained thirtie thousand footmen whom fiue hundred of the Kings horsemen followed About one acre distance from them the chariot of Sisygamba King Darius mother did come and in one other his wife All the Ladies and other women belonging to both the Queenes were on horsebacke After them other women did come whom they called Armamax they exceeded not the number of fifteene In that company were the kings children with their gouernours Also a number of Eunuches being persons of some reputation among the Persians Then the Kings Minions being 360 were caried in chariots their apparell was princely and rich After them the kings coine was caried by sixe hundred Mules and three hundred Camels garded with Archers The Kings Concubines and his kinsmen were next to them And they being past the Cookes Sculions and other base people did follow Last of all came certaine Captains and souldiers lightly armed to force the troupes to march in order CHAP. 25. The Triumphall entry of Xerxes King of Persia into Greece yet afterward forced for feare to flee into his owne kingdome FIrst he sent before all his carriage and all those people that were combred with any burden or other impediment After them followed seuenty hundred thousand men of sundry Nations who marched in no order but confused Among whom was eightie thousand horsemen All these passed a good distance before the Kings person Then marched a thousand Gentlemen Persians and with them so many Launcers who carried the point of their lances backward The next troope was onely ten horses most richly furnished being of the rase of Nicae beastes of exceeding greatnesse and beautie These were followed with a chariot consecrated to Iupiter and drawen by eight white horses The man that did driue those horses went on foot holding the reines in his hand In this chariot vnlawful it was for any mortall man to sit After it Xerxes his owne person was carried in a chariot drawen by horses of Niscaea The driuer of them walked before on foote his name was Patiramphus the sonne of Ota a Persian In this sort Xerxes went towardes the Sardi sometimes sitting in his chariot and sometimes on horsebacke Next to him followed the brauest and best men of Armes in Persia carriyng as it were halfe lances Then came ten thousand Persians on foote one thousand bearing pikes and on the points of them in stead of crownes were siluer apples Some of them that went next to Xerxes had apples of gold vpon their pikes These were followed with ten thousand other Persian horsemen Last of all about two acres of ground behind was a multitude of people without order or number CHAP. 26. Of Triumphes in Germanie HEnry the first Emperour of that name who for his great delight in hawking and fowling was called Auceps being aduertised of the often incursions of Hungarians into Germany thought good to assemble the Princes Anno 935. and by force of Armes to repulse them which designe with the assent of those Lords by publike proclamation he made knowen commaunding that euery Prince with his best furniture vpon a day certaine should appeare at Magdeburg which was performed First the Count Palatin of the Rhene appeared The Bishop of Treuer The Bishop of Colein The Bishop of Leyden The cities Emperiall Mentz Aquisgran c. All which companies the Palatin presented vnto the Emperour and vnder euery of those Princes colours other meaner Princes and Lords also appeared Vnder the Ensigne of the Palatine were the Duke of Elsatia The Duke of Thungren The Duke of Limpuâ—g The Marques of Pontamonson with sixe other Dukes Vnder the Ensigne of the Duke of Sueuia were twelue other Lords The like vnder the Ensigne of Franconia and all other chiefe Princes And last of all were the Emperours companies So was the number of Princes Lords Knights and Gentlemen 6240. The whole armie was sixtie nine thousand strong These Christian forces assisted by the Almightie defeated the Hungarians and slew the greater number The victorie obtayned and the Emperour with his Princes returning homewards were in all places feasted And they desirous in some sort to honour the Ladies of those countries where they passed were willing in triumphal wise to make Iusts Turneaments and other Militarie pastimes Which being pleasing to the Emperour and acceptable to all others His Maiestie with consent of the Princes commanded that publike triumphs should be proclaimed whereunto all Princes Lords and Gentlemen might resort to shew their valour And this was the originall of Germaine triumphes Then was there a Counsell and commission graunted to certaine Princes and other Lords to inuent orders for the future Iusts and appoint places fit for their celebration The Commissioners considering what glory might of these exercises accrew vnto the Germaine Nation and therewith knowing that the exercise of Armes was no small helpe to enforme Gentlemen and make them meete for serious seruices not forgetting also that Noble Ladies would take delight in such royall sight they greatly commended that inuention vnto the Emperour who presently agreed that Lawes might be made and obserued in those Actions His Emperial Maiestie commanded that at euery Triumph 4. chiefe persons should be chosen to giue direction and by their authoritie all Ordinances to be made Those men were called Reges Ludorum The first Kings were elected at the Triumph of Meydburg 1
gratiously accepting of that offer this aged Knight armed the Earle and mounted him vpon his horse That being done he put vpon his owne person a side coat of blacke Veluet pointed vnder the arme and couered his head in liew of an helmet with a buttoned cap of the countrey fashion After all these ceremonies for diuers dayes hee ware vpon his cloake a crowne embrodered with a certaine motto or deuice but what his intention therein was himselfe best knoweth Now to conclude the matter of assignation you shall vnderstand that this noble Gentleman by her Maiesties expresse commandement is yerely without respect vnto his age personally present at these military exercises there to see suruey and as one most carefull skilfull to direct them for indeed his vertue and valour in Arms is such as deserueth to command And touching that point I will let you know the opinion of Monsieur de Champany a Gentleman of great experience and notable obseruation who at his beeing Embassadour in England for causes of the Low Countreys and writing to his friends there in one of his intercepted Letters among other occurrents these words were found I was quoth he one day by Sir Christopher Hatton Captaine of her Maiesties guard inuited to Eltham an house of the Queenes whereof he was the guradian At which time I heard and saw three things that in all my trauel of France Italy and Spaine I neuer heard or saw the like The first was a consort of musicke so excellent and sweet as cannot be expressed The second a course at a Bucke with the best and most beautifull Greyhounds that euer I did behold And the third a man of Armes excellently mounted richly armed and indeed the most accomplished Caualiero I had euer seene This Knight was called Sir Henry Lea who that day accompanied with other Gentlemen of the Court onely to doe me honour vouchsafed at my returne to Greenwich to breake certaine Lances which action was performed with great dexterity and commendation Thus much was the substance and well neere the whole circumstance of Sir Henry Lea his last taking of Armes wherein he seemed to imitate the auncient Romanes who hauing serued a conuenient time and claiming the priuiledges due to old Souldiers whome they called Emeriti did come into Campo Martio euery man leading his owne horse and there offered his Armes vnto Mars in presence of the chiefe Magistrates which ceremony Scipio Cassius the great Pompey with many other noble Captaines disdained not to doe Summarily these annuall Actions haue bene most nobly perfourmed according to their times by one Duke 19 Earles 27 Barons 4 Knights of the Garter and aboue 150 other Knights and Esquiers The Authors Intention NOw fora much as all that which hath bene hitherto said doeth tend to extoll the excellencie of Armes and honour with the dignities to them appertaining Yet for not being mistaken in my meaning I haue thought good to say that the commendation due vnto learning is of no lesse desart then that which belongeth to Marshall merit And indeed very rarely doeth any man excell in Armes that is vtterly ignorant of good letters For what man vnlearned can conceiue the ordering and disposing of men in marching incamping and fighting without Arithmetique Or who can comprehend the ingenious fortifications or instruments apt for Offence or Defence of Townes or passing of waters vnlesse he hath knowledge of Geometrie or how may Sea seruice be performed without skill to know the Latitude of the place by the Pole and the Longitude by other Starres which must be learned of Astronomers Yea learning is of such necessitie that no common weale without it can be well gouerned neither was any State euer well ordered vnlesse the Gouernors thereof had studied Philosophie chiefly that part that intreateth of maners for that onely informeth first how euery man should gouerne himselfe Secondly how hee should guide his owne family and thirdly teacheth how a Citie or Common weale may be well ordered and gouerned both in warre and peace Which moued Plato to say That happy is the common weale where either the Prince is a Philosopher or where a Philosopher is the Prince And although it cannot be denied that Empires and Kingdomes are both wonne and kept aswell by force and manhood as by wisdome and pollicie yet is the chiefe of that pollicie attained vnto by learning For in all gouernments the wiser haue authoritie aboue the rude and vnlearned as in euery priuate house or towne the most discreet and best experienced are preferred so in all Nations they that be most ciuill learned and politique doe finde meanes to command the rest although in force they be inferiour The experience hereof was apparantly seene in the Grecians and Romanes among whom like as wisedome and learning was most esteemed so their Empires were spread furthest and continued longest And to prooue that excellencie of learning in those Nations preuailed against others equall to them in manhood and courage we also will vse this onely example That albeit this Realme before any conquest thereof was no doubt inhabited with people of great courage yet for that they were vnciuil or at the least without policie and learning they were brought vnder the subiection of other Nations as the Saxons were last by the Normans and the Romanes by the Saxons before that and the Britaine 's by the Romanes first of all And albeit diuers men haue bene and yet are both wise and politique without learning and some also that be learned in respect of wordly policie be very simple yet I say that such wise men should haue bene more excellent if they had bene learned and the other more simple and foolish they had bene vtterly without learning Exercise in warre maketh not euery man fit to be a Captaine though he follow Armes neuer so long and yet is there none so vnapt for warre but with vse is more perfect and the rather if he be learned For if experience doeth helpe then I am sure that learning helpeth much more to the encrease of wisedome We will then determine that experience because it doeth further Wisedome may be called the father thereof and Memorie the mother because she doth nourish and preserue it for in vaine should experience bee sought for if the same were not held in remembrance Then if both experience and memory be holpen and encreased by learning it must needs be confessed that experience helpeth it Euery man seeth that the experience of an old man maketh him wiser then the yonger because he hath seene more â—et an old man seeth onely things in his owne time but the learned maâ— seeth not onely his owne age and experience but whatsoeuer hath bene in long time past yea since the first writer tooke pen in hand therefore must needs know more then the vnlearned man be he neuer so old for no memory can compare with writing Besides that if the vnlearned doe forget any thing seene hardly shall
hee reduce it to memory againe whereas the learned man by turning his booke hath meane to call to remembrance what hee happeneth to forget Therefore as he that liueth fourescore yeeres must needes haue more experience then he that liueth fortie so he that seeth in bookes the actions of men a thousand yeres knoweth more then he that by liuing one hundreth yeeres could attaine vnto In like manner if he that trauaileth many Nations be of more experience then others of like age that neuer went from their natiue Countrey so he that is learned by Cosmographie histories and other learning seeth the maner and vsage of euery countrey in the world yea of many more than is possible for one man in all his life to trauell through and of those he trauaileth much better doth he learne by small abode there then an other by longer experience that is altogether vnlearned By this learning also we may conceiue the situation Temperature and qualitie of euery Countrey throughout the world Also through the Science of Astronomy we know the course of Planets aboue and their aspects and coniunctions which the learned men in times past attained vnto by long conference and obseruation but we by perusing their bookes onely may learne it yet without that helpe we could neuer To conclude there is nothing either of profit or necessitie for mans life but by learning is taught more perfectly than it can be compassed by experience or other meane whatsoeuer But leauing the commodities of learning to be discoursed by those that are learned in deede this onely I say that the endeuour of Gentlemen ought be either in Armes or learning or in them both And in my poore conceit hardly deserueth he any title of honour that doth not take pleasure in the one or the other For as no liuing creature is borne to idlenesse so is there no doubt but God and nature hath destined ech one for some commendable businesse And like as base occupations are fit for folke of base fortune so valiant and venturous minds in actions of honour and vertue should be employed And if in this earthly life any there be that meriteth fame or fauor surely the same is a vertuous life and valorous endeuor Wherof Iuuenal saith Res gerere captos ostendere ciuibus hostes Atting it solium Iouis caeleâ— a tentat Principibus placuisse virus non vltima laus est The Authors conclusion WE haue said in our former discourse that no man of any qualitie or fortune is borne or destined to ease idlenesse or vnprofitable occupation we haue likewise touched the commodities of such learnings as are required in actions both Ciuill and Martiall whereby may appeare how necessary it is for all Gentlemen to indeuour themselues in the one and the other as those knowledges whereby men are made worthy of honourable title Notwithstanding through corrupt custome or bad education the greater part of our English gentlemen are not onely ignorant what honour and vertue meaneth but consequently doe disdaine or at the least wise lightly regard those labours whereby they might and ought become comfortable to friends and seruiceable to their Prince and countrie which happily mooued the Poet to forewarne fathers to haue care of their childrens education saying Gratum est quod patriae â—iuem Populoque dedisti Si facis vt patriae sit idoneus vtilis agris Vtilis bellorum pacis rebus agendis And continuing the consideration of this matter I am occasioned to be sory that our English youth doe not onely earnestly affect vaine pleasures and improfitable pastimes as recreation but also vse them with daily labour as their chiefe businesse and speciall profession And to speake plaine I am more then halfe perswaded that great sort of our Gentlemen chiefly those that haue had their nurture at home with their owne ignorant parents doe take more comfort to be called good Faulkoners or expert woodmen then either skilfull Souldiers or learned Schollers Yet who so obserueth shall find that the same men by secret instinct of gentle nature doe not a litle glory in the ancient badges titles and seruices of their Auncestors supposing those passed merrits supported with riches ought without further sufficiencie make them more worthy then others whose owne proper labour and vertue haue indeede deserued much honour But as no fowle flyeth with the wings of another nor no horse doth runne on legges not his owne so should no man be praysed or admired for the vertue or good merit of another And albeit the fame of Auncestors honour may for some short space maintaine a certaine hope of vertue chiefly where no vice appeareth yet time which doth distinguish things indeede from those that onely appeare will also like vnto counterfeit mettal bewray the want or worth of euery man and for such a one he shall be knowen and esteemed of what name house parentage or predecessor soeuer he is descended It therfore behoueth euery Gentleman well borne to embrace the loue of vertue and in the actions thereof to employ the course of his whole life For what can be more pleasing to a generous mind then the studie of wisedome whereby to know good from euill and truth from falshood the one to be followed the other eschewed What may be more blessed then Iustice whereby we refraine from all iniuries and giue vnto euery one that which to him appertaineth what is more noble then fortitude which conteÌ„neth all wordly accidents with inuincible courage fighteth for equity and right And what is more beseeming a noble personage then temperance which teacheth comelines and moderation gouerning the passions perturbations of mind to the quietnesse of mans life and contentation of others These with other vertues on them depending haue from base birth and poore parentage aduanced many to great titles and dignity and as those vertuous endeauors haue preferred them so discontinuance did vtterly deface that honor in their posteritie Vertue I say is that which from meane estate hath raised the louers therof to great reputation and glory Among infinite examples omitting men of meaner fortune yet worthy much honour we haue Agathocles Eumenes Pertinax Dioclesian Valentinian with other Emperors Kings Captaines Of like fortune in birth was M. Tullius Cato Horace and diuers most notable learned men yea Socrates himselfe who by the Oracle of Apollo was iudged the wisest man aliue had no great parentage And Iulius Caesar that both in armes and learning excelled was the first Emperor and from low degree aspired to excessiue glory Notwithstanding through protraction of time and the degeneration of posterity not only their owne houses and names are vanished but also the honour renowme of the nations where they liued is vtterly decayed and extinguished which the Christian Poet Palingenius did well expresse in these verses Nempe diu res nulla manet nempe omniâ—â— semper Deteriora solent fieri in pâ—iusque referri Naturae imperio fatorum
prescription not hauing other proofe then that they and their ancestors were called Gentlemen time out of minde And for this reason it seemeth that Nobilitie the more ancient it is the more commendable chiefly if the first of such families were aduanced for vertue Which Nobilitie is that whereof Aristotle meaneth saying Nobilitas est maiorum quaedam claritas honorabilis progenitorum Likewise Boetius de Con. saith Nobilitas est quaedam laus proueniens de merito parentum Item Nobilitie is oft times gotten by mariage for if a Gentleman doe marrie a woman of base parentage she is thereby ennobled Text est in leg in mulieres Ca de dig Item of riches chiefly if they be ancient men be called noble for commonly no man is accompted worthy much honour or of great trust and credit vnlesse he be rich according to the old saying In pretio pretium nunc est dat census honores Census amicitias pauper vbique iacâ—t Yet Seneca saith Id laudandum est quod ipsius est Neuerthelesse Bonus de Curtili accordeth with the common opinion saying Nobilitas sine diuitijs mortua est Item men be made noble for their seruice in warre if therein they haue acquired any charge honorable For no ordinarie Souldier without place of commandement is reputed a Gentleman vnlesse he were so borne as Lucas de Penna sayth Simplex militia dignitatem non habet Item Doctors and Graduates in Schooles do merit to be ennobled and become Gentlemen Item in England whoso studieth liberal Sciences in the Vniuersities or is accounted learned in the common Lawes and for the most part who so can liue idlely and without manual labour or will beare the port charge and countenance of a Gentleman shal be called Master for that is the title which men giue to Esquires and other Gentlemen and shall be taken for a Gentleman For true it is with vs Tanti eris alijs quanti tibi fueris So doth it appeare that in England the King needeth not to make Gentlemen because euery man may assume that title or buy it better cheape then by suite to the Prince or by expence in his seruice And who so can make proofe that his Ancestors or himselfe haue had Armes or can procure them by purchase may be called Armiger or Esquier Such men are called sometime in scorne Gentlemen of the first head as Sir Thomas Smith pleasantly writeth CHAP. 16. How Gentlemen are to take place A Gentleman that hath two or three titles shall precede him that is a Gentleman onely As a Doctor being also a Gentle man borne shall precede all other Doctors of meaner birth Likewise a Gentleman Graduate shall take place before him that is a Graduate tantùm But this is to bee vnderstood Data paritate temporis A Gentlemen that is both a Knight and a Doctor shall goe before him that is a Knight or a Doctor tantùm A Gentleman well qualified and well borne shal precede a Gentlemen of good qualitie or of good birth tantùm Quia duplex dignitas fulget in eo propria suorum A Gentleman ennobled for learning vertue and good manners is to be preferred before a Gentleman borne and rich Quia Sapienti Scientia virtus sunt in anima Luc. de penna Of which opinion Ouid seemed to bee saying Non census nec opes nec clarum nomen auorum Sed probitas magnos ingeniumque facit Sed virtus magnum reddit ingenuum A Gentleman aduanced for vertue shal be preferred before a Gentleman by Office Quia dignitatibus ex virtute non virtuti ex dignitatibus honor accedit Boetius 2. de Cons. CHAP. 17. Priuiledges anciently appertaining to Gentlemen IN crimes of one qualitie a Gentleman shall be punished with more fauour then a coÌ„mon person vnlesse the offence be Heresie Treason or excessiue contumacie In giuing witnesse the testimony of a Gentleman ought be receiued and more credited then the word of a common person Quâ—a promissa Nobilium pro factis habentur In election of Magistrates Officers and all other Ministers the voyces of Gentlemen are preferred In commitment of portions appertaining to persons Lunatike or Orphans the Gentlemen of their blood are to be trusted before any person of meaner qualitie and likewise in their marriages If a Gentleman be an inhabitant of two Cities and called to Office in both it shall be in his choyse to goe vnto the more noble or otherwise at his pleasure A Gentleman ought bee excused from base seruices impositions and duties both reall and personall A Gentleman condemned to death was anciently not to be hanged but beheaded and his examination taken without torture Diuers other Priuiledges and Immunities the lawes Ciuill haue heretofore granted vnto Gentlemen CHAP. 18. Of the diuers dispositions of Gentlemen according to the humour of the Countrey where they inhabit FIrst it is to be remembred that Gentlemen which title comprehendeth all degrees of dignitie are either attendant vpon Princes or Officers in the State or els doe liue priuately vpon their owne possessions These men as they are diuers so are they diuersly affected The Romanes antiently delighted in Armes but in times of peace occupied themselues in Agriculture as an exercise honest and commendable Which Titus Liuius seemeth to affirme by these words Bonus Ciues bonus Agricola The Neapolitan standeth so high vpon his puntos d'honor as for the most part he scorneth Marchandise Phisicke and all other professions profitable Yea his disdaine of base parentage is such as a Gentleman Neapolitan accounteth it more honourable to liue by robbery then industrie and will rather hazard his daughter to incurre infamy then marry her to a most rich Marchant or other ignoble person The Venetian albeit he reputeth himselfe the most noble Gentleman of the world being capable of all offices in that Common weale yet he holdeth it no dishonour to traffique in marchandise The Genoues do hold the selfe same opinion though true it is that some of them haue Castles and houses vpon the mountaines and there at occasions doe inhabite The Germaine Gentlemen doth as it were euer abide in his Countrey house or castle and is not much ashamed to better his reuenew by robbery and pillage Yet some of them doe serue or follow Princes and thereby become the better nurtured The French Gentlemen almost generally doe inhabit their houses in the Village and manure their owne lands which course was anciently accounted most commendable For Lycurgus King of the Lacedemonians made a Law enioyning all Gentlemen to dwell in the Countrey the more commodiously to endeuour the exercises and vertues Militarie Much after that maner the English Gentlemen that liueth priuately doth dispose his life as one that accounteth it no honour to exercise Marchandize neither did they in times past repute the practise of Lawe or Phisicke so commendable as now they doe For their ancient endeuour was agriculture and feeding of cattell to maintaine honorable hospitality being perswaded
triumphant and euer memorable victory ouer the Spanish Fleet proudly by them called Inuincible The Sermon beeing done her Maiestie went to the Bishops Palace and there dined and towards euening returned vnto Somerset place by torchlight Against her Highnes cōming in the morning the streets were railed and hung with Blew broad clothes for the seueral Companies in their Liueries to stand euery Company distinguished by Banners Standards and Penons of their Armes richly painted and illumined The Gentlemen of the Innes of Court likewise being placed nere Temple Bar stood orderly within their railes All the fronts of houses were couered with rich Arras and Tapistry and the windowes and streets replenished with all sorts of people innumerable who with great applause and ioyful acclamations both graced and honoured her Maiesties most Royall proceeding The Lord Mayor which was Alderman Calthrope deliuered his Sword to her Maiestie at Temple Barre who receiuing it gaue him a Mace or Scepter to beare and deliuered the Sword to the L. Marquesse of Winchester who bare it before her Highnesse all that day ¶ Here followeth the List or Roll of all Estates that were in this Princely proceeding according as they were then marshalled Messengers of the Chamber Gentlemen Harbingers Seruants to Ambassadors Gentlemen Her Maiestics seruants Esquires Trumpets Sewers of the Chamber Gentlemen Huishers The sixe Clerkes of the Chancery Clerkes of Starre chamber Clerkes of the Signet Clerkes of the Priuie Seale Clerkes of the Councel Chaplens hauing dignities as Deanes c. Masters of the Chancery Aldermen of London Knights Batchelers Knights Officers of the Admiralty The Iudge of the Admiraltie The Deane of the Arches The Soliciter and Attourney Generall Serieants at the Law The Queenes Serieants Barons of the Exchequer A Pursuy of Armes Iudges of the Common Pleas. A Pursuy of Armes Iudges of the Kings Bench. The L. chief Baron the L. chief Iustice of the Common pleas The Master of the Rols and the L. chiefe Iustice of the K. Bench. The Queenes Doctors of Physicke The Master of the Tents and the Master of the Reuels The Lieutenant of the Ordinance The Lieutenant of the Tower The Master of the Armorie Knights that had bene Ambassadors Knights that had beene Deputies of Ireland The Master of the great Wardrobe A Pursuy of Armes The Master of the lewel house A Pursuy of Armes Esquires for the Bodie and Gentlemen of the Priuie chamber Trumpets The Queenes Cloake Hat borne by a Knight or an Esquire Barons yonger sonnes Knights of the Bath Knights Bannerets Lancaster Vicounts yonger sonnes Yorke Barons eldest sonnes Earles yonger sonnes Vicounts eldest sonnes Secretaries of her Maiestie Knights of the Priuie Councel Sommerset Richmond Knights of the Garter Principal Secretarie Vicechamberlaine Comptroller and Treasurer of the houshold Barons of the Parliament Chester Bishops 〈◊〉 The Lord Chamberlaine of the house being Barons The Lord Admiral of England Marquesses yonger sonnes Earles eldest sonnes Vicounts Dukes yonger sonnes Marquesses eldest sonnes Norroy King of Armes Earles Dukes eldest sonnes Marquesses Dukes Clarencieux King of Armes The Almner The Master of Requests The Lord high Treasurer of England The Archbishop of Yorke The Lord Chanceller of England The Archbishop of Canterbury The French Embassadour Garter King of Armes The Maior of London A Gent. Huisher of the Priuie Chamber The Queenes Maiestie in her Chariot Her Highnesse traine borne by the Marchionesse of Winchester The Palfrey of Honour led by the Master of the Horse The chiefe Lady of Honour All other Ladies of Honour The Captaine of the Guard Yeomen of the Guard CHAP. 26. Of Precedencie among persons of meane and priuate condition BArtholus in his discourse de re Militari Duello diuideth men into three degrees viz. great personages aduanced to dignitie men of reputation without dignitie and common or ignoble persons Of whom Iac. Faber in his discourse vpon Aristotles politickes maketh nine sorts The first are husbandmen whose endeuor is employed about the fruits of the earth Secondly artificers occupied Arts either necessarie honest or pleasing Thirdly victualers retailers of wares and chapmen Fourthly Marriners and sea souldiers Fiftly Fishermen Sixtly Watermen and Ferrymen Seuenthly Masons and labourers in stone Eightly workemen of little substance and Labourers Lastly Bondmen and slaues Among common persons in euery Prouince or Towne the Gouernor or Captaine is of most reputation notwithstanding hee be of a common birth yet in some Cities the Maior or chiefe Iudge hath that chiefe honour and is superior to the military Officer but generally men in Office are of more reputation then others without office and Officers for life are preferred before Officers annuall or time certaine Data paritate in alijs Raynutius Note also that euery man during the time he beareth office is to be respected and honoured as Purpuratus writeth And to say summarily all wisemen hauing place of rule in any Prouince Citie or Towne must be preferred before others albeit they are aduanced aboue the measure of their vertue For no man is so euill but sometimes he doth well Laudabilia multa etiam mali faciunt Pli. Men married are euer to precede men vnmaried in pari dignitate And he who hath most children or lost the greater number in the warre of his Countrey is to be most honored Lex Iuli◠The like order ought be obserued among women maried in pari dignitate and in Rome maydens did anciently go before widdowes and wiues also and sonnes before their Fathers Men hauing land of inheritance are to precede other hauing none and Citizens that are housholders must be preferred before others hauing no habitation chiefly in such Cities and Townes where their Ancestors and families haue bene of continuance in reputation of marchandise or other possessions For next after Gentlemen and Magistrates they are to take place in pari dignitate Yet here is to be noted that if any Burgesse Marchant or other man of wealth doe happen to purchase a Barony yet ought he not be a Baron nor haue place among Barons Iac. Rabuff A father whose sonne beareth any Office shall giue place to his sonne in all publike meetings and seruices but in priuate affaires the order of nature ought be obserued and in domesticall conuersation the father shal goe and sit before the sonne Likewise a Bishop must doe reuerence vnto his father at home but being in the Church the father shal follow him So for diuers respects the one and the other is honoured Betwene two equals he that is in his owne iurisdiction shal precede as if an Archbishop or Cardinall doe come into the Diocesse of a Bishop notwithstanding they be persons of more dignity yet ought they giue honour vnto the Bishop because their presence doth not cancell his authority A Citizen or dweller of any chiefe City shall take place of other Inhabitants of meaner townes or cities when soeuer they meet in any place indifferent