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

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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 d●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
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