CHAP. 1.
¶The Prooeme.

FOrsomuch as the life of man holdeth on a traueilers course continu­ally as it were vnder saile, either in the calme of Peace, or the tempestuous sea of VVarre: it behoueth euery well go­uerned Common weale to bee prepared for the one and the other. which moued wise Princes and Magistrates, not one­ly to deuise Lawes how men might siue peaceably, but also to prepare Armes, both defen siue against forraine inuasion, and correctiue against dome­stical insurrection. It therefore seemeth expedient to conioyne good Lawes vnto Armes: th'one command, th'other to execute: yet because they are in nature diuers, or rather contrary, it prooueth a matter of much diffi­cultie. For well we see, betweene equitie and force is no proportion. Lawes are friends to peace and rest: but war is alwayes accompanied with men of audatious, sudden, and seuerest spirit. The Philosophers and wise Lawmakers therfore haue endeuoured more, to make such warres as might assure peace, then to enioy such peace as might not be able to withstand warre. Iustinianus desiring to vnite Lawes and Armes, authorised one Officer to command both Martially and Ciuilly, whom be called Praetor; and so the Romanes cōtinued that name for their General of warre. His office was mixed both of authoritie Martial, and Ciuile. It seemeth there­fore that as our bodies cannot without sinowes and blood be strong, so the warre without ayde of Lawe and equitie may not endure: which moo­ued wise men of former ages to be perswaded, that Prudence and Power ought neuer to be disioyned. Of which opinion the ancient Poet Horace seemed to be, saying, Vis expers consilij mole ruit sua. The same rea­son [Page 2] induced learned writers, to commend valiant Captaines and wise Counsellors, ioyntly, and (as it were) in one and the selfe same ranke. VVith Croesus they coupled Solon: with Simonides, Pausanias: Pericles with Anaxagoras. The Poets likewise in their workes do praise Aga­memnon with Nestor: Diomedes with Vlisses: meaning to mixe force with policie, and ciuile Lawes with power and Armes. The Kings of Lacedaemon before they went vnto the warre, did first sacrifice and consult with the Muses how they were to proceed: for so did Terpander and Pindarus men of speciall note in Sparta, and which were employed to set foorth the praises of such of the Lacedaemonians as were both in Musicke and Armes excellent. The Romanes did highly and openly ex­toll Quintus Fabius Maximus, Rollianus, and Pub [...] Decius, for their notable knowledge as wel in Armes as learning. Thus doeth it ap­peare, that Armes and Lawes cannot bee disioyned: and consequently, where the counsaile of Captaines is directed by Law, equitie and Religion, there insolencie, fury, and vnlawfull force is repressed.

CHAP. 2.
¶Militarie Iustice and the originall thereof.

HAuing discoursed what concord ought be betweene Militarie and Ciuile gouernment, it see­meth requisite to say, that Militarie Iustice generally is a Law made by consent of all Nations, the proper­tie whereof is to repulse force, and to redresse iniurie. For who so in defence of his owne person doth resist force with force, shallbe thought to haue so done iust­ly. And albeit bruit beastes do seeme in some sort to offend, and defend without the aide of wit, and humane forecast, yet be­cause all they do, is without discourse of reason or election, it cannot be said that they vse force according to Iustice, but rather mooued by naturall in­stinct, consequently attempt without order, or warrantie of any lawful pro­ceeding, which indeed liueth onely among men. For admit that no Lawes were, and all things left subiect to Fortune and chance, yet such is the force of equitie and reason, and the root thereof so firmely fixed in the minds of men, as though neuer so much defaced & obscured in sauage and degene­rate natures, may not yet vtterly be razed out of the mindes of any, be they neuer so outrageous, but that at one time or other, either openly to the world, or inwardly to themselues, will they, nill they, some vigorous and liuely sparkes thereof will appeare. The like may be particularly said of Iu­stice [Page 3] Militarie, whereof in the minds of Souldiers so deepe an impression is made, as no force or time can raze it out. And touching the execution of Iuridiction Militarie, we say the same was euer performed by Iudges and Magistrates thereunto purposely appointed, and that men of Armes and all other Souldiers were in al Militarie matters, directed, punished, & order­ed by their proper Commanders, as in ancient time they were in Rome, and since in France hath bene vsed. But first, to touch the original of Martial iu­stice, it seemeth to haue bene taken from the Romanes, who for causes rea­sonable, bestowed vpon men of warte great priuiledges, dignities and im­munities, afterwards confirmed and increased by diuers Emperous. By whose example some Kings of France, and other princes haue done the like. Yet true it is, that at the beginning, such iurisdiction was executed one­ly in the field, by the Tribunes, or their deputies, I meane in ordinary offen­ces, or els by the Legate in their absence, or els by the Consul or Generall, in causes capitall, and faults of most importance. But in processe of time, the insolencie of Souldiers increasing, the sayd iustice became more gene­rall, and the authoritie thereof extended into all townes and places whatso­euer, inflicting exemplarie punishment according to the qualitie of eche mans offence, yea, in the end the reputation of Martial iurisdiction became equall to that of ciuill Iustice.

CHAP. 2.
¶Of Warre, and causes thereof.

CIcero sayth, that discord and dissention among men, is en­ded either by persuasion or force: the one proper to men, the other to brute beasts: and where the first cannot preuaile, the other may be excused. Reasonably there­fore are those warres to be taken in hand, where iniurie can not be otherwise repulsed, nor peace by other meane preserued. And most apparant it is, that nature hath bestowed vpon all creatures certaine armes or weapons wherewith to defend themselues, and offend their enemies, yea, whoso obserueth shall see, that ech liuing bo­die is in some sort by nature disposed to make warre: as the calfe, before his hornes be growen, doth indeuour to offend with his head. The colt turneth his heeles when his hooues are scarsely hard. The little whelpe, whose teeth be tender and vnfit to bite, will neuerthelesse do his best to of­fend with his lips, Man likewise, of all other creatures least furnished both for offence and defence, will with all his strength, hands and feet, labour to resist his foes, as appeareth euen in children, who prouoked to anger, do spurne and bite; haply moued thereunto with desire of victorie onely. The same reason inciteth men, both in generall and particular, to contend: so as one citie maketh warre against another, one prouince inuadeth another, and whole kingdomes and common weales doe endeuour to oppresse one [Page 4] the other. Yea, the affections in euery sole body, do (among themselues) str [...]ue and make warre; which mooued some Philosophers to say, That no victorie is woorthier of commendation then that wherein man doth con­quer himselfe. Fortior est qui se, quàm qui fortissima vincit moenia: nec virtus altior ire potest, sayeth Ouid. Seeing then that each man hath warre within himselfe, and against others, and cities contend for honor and empire, one taking from the other, what can be sayd Ours, more then that, which is gotten and defended by armes? Yet true it is, that some warres are not pro­perly so called; as where one part of the people doth assault the other: for that kinde of contending ought be named sedition: but when one Nation taketh Armes to offend an other, there wee say is warre. When the Ro­manes were diuided, one faction labouring to oppresse another, (who by nature ought to haue ioyned together) such enimitie was called Sedition: but when the Galls, the Carthagenians, or other forreigne people assaulted the Romanes, or were by them assailed, that contention was truely called Warre. But omitting to say more of ciuil or domesticall dissention, let vs discourse of that Warre which is ordinarily made with forreine people, for Empire and glory, as when the Romanes tooke Armes against the Latines, Sabines and Carthaginenses, or when they fought with the Celtiberi and Cim­bri, not who should command, but who should liue: yet ought the cause whereof the Warre groweth be iust, and such as the enemie cannot but ac­knowledge reasonable. For who is so impudent as will deny that if iniury be done, or the goods or honour of other men be taken, but hee from whom the same was taken, is iustly caused to become an enemie? Non licet cum alterius incommodo suum augere commodum. Yet Aristotle proueth that some men are by nature borne to command, others to obey, whereof may be inferred, that Warres are necessary as well to compell those to subiecti­on that are destenied thereunto, as also for others (who ought to gouerne) to hold their auctoritie. The Romanes also did thinke good sometimes to make Warre onely to entertaine the youth fit for seruice; as when they sent their Armie vnto Carthage, being perswaded that ouerlong idlenesse might corrupt. For indeed, the labour and discipline of Warre, doth make men honest and temperate. It seemeth therefore that Princes martially disposed, haue not onely thereby purchased renowne, but also much en­larged their dominions For which reason the Lacedaemonians do seeme to accuse Pausanias iustly, for inhibiting them to extend the bounds of their dominion. But contrarywise Lycurgus and Minos are much praised per­swading the Lacedaemonians and the people of Cyprus to aduance their glory, by Warre: whereof wee may inferre, that Peace is not the onely ende of Warre: yet not doubt the chiefest and most necessary cause thereof, accor­ding to the opinion of Cicero, saying, Nullum bellum esse iustum, nisi quod aut rebus repet tis geratur, aut denuntiatum antè sit & indictum. Whereby appea­reth that Warres ought not to be made without iust cause, and publique expostulation. And Plutarch writing the life of Numa, saith it was not lawful for a King or any Souldier to take Armes, vntill the Foecials had so com­manded or allowed. Wise Princes and commanders therefore ought to deliberate maturely before they take Armes, to the ende the Warre may [Page 5] be iust, and the proceeding thereof aduised. In which point they shall doe well to imitate the example of Traianus, who vsed to obserue these cauti­ons viz. carefully to supply the places of Souldiers slaine: couragiously to represse the enemies pride: and according to discipline Militarie, compell Muteners to obedience and order. To that purpose also, Octauianus Au­gustus did say, No warre ought be taken in hand, vnlesse the same did pro­mise more hope of profit, then feare of losse. For who so shall otherwise doe, may be compared vnto a Fisher, that angleth with an hooke of gold, which being broken, or lost, al the fish hehath gotten, sufficeth not to make a recompence.

CHAP. 4.
¶Of Souldiers.

THat men of warre haue beene anciently called Milites, euery man knoweth: but for what reason that name was gi­uen, euery one is not enformed. We say therefore with Vl­pianus, that men professing Armes, were called Milites à malitia, idest duritia, which is as much to say, as they were so named in respect of the hardnesse and danger they indure in defence of other people, or else because they repulse the euill and iniurie which ene­mies doe ofter. Romulus called vnto his guard a thousand men, and some writers haue thought, that thereof Souldiers were called Milites. How­soe [...]er that were, sure it is that anciently who so would become a Souldier, it behooued him to procure his name to bee enrolled in the Generals booke. For necessarie it is, that he who commandeth should know what number, and so what qualitie his souldiers be. Which reason mooued A­lexander Scuerus to keepe in his chamber a Catalogue or Rolle of his soul­diers, and at his leisure, considered of their suites, their number, their dig­nities and wages. Hee likewise cautiously prouided, that no man should aspire to priuiledges Militarie, by ambition, but for vertue and skill. And who so desireth to enjoy the honours appertaining to Armes, ought first to prooue he is a Souldier. In which case the lawes of Cossus, Crassus and Sceuola must be remembred; for thereby is decreed, that as a man being no citizen, should not take vpon him to be a citizen, so he that is not enrolled a souldier, cannot anow himselfe a souldier. By the lawes Ciuill, three wayes there are for souldiers to proue their profession: which done, they shall not afterwardes endure any vnworthie or vnreasonable imposition. The first proofe is by letters & certificate of Captaines or Officers. Charles the seuenth king of France commanded that no man should be capeable of charge or office in the warre, vnlesse he were authorised by the Kings let­ters and [...], in testimonie of the publique honour and degree hee had. [Page 6] Secondly he ought to make proofe, that in former time he had behaued himselfe as a good Souldier, and such a one as serued long with commen­dation. Lastly, to be recorded among the number of receiued souldiers, for that testimoniall cannot be disproued. It was also anciently vsed, that in token of honour due vnto souldiers of good merit, a girdle was giuen; for it is written in the law Imperiall, Militia exornatos confestimcingi debere. And Charles the seuenth king of France in his Edict saith thus: Edictum est, ne quis Miles in numeros referatur, qui non cinctus, sit armis [...] ▪ it a munitus, vt pro­bum decet militem. All Souldiers who serued on horsebacke (by the Ro­manes called Equites) vsed to carry on their left arme a certaine shield or buckler, and in the right hand a lance, and vnto their side a Spanish sword was girded. Thus appeareth it that the girdle was the first Ensigne be­stowed vpon souldiers, and without it no man might accompt himselfe a­mong the number of militarie men, nor claime the priuiledges due vnto souldiers. For only they that were inrolled and girded were properly cal­led souldiers: and they that were newly elected to supply the bands, were named Tirones. It was also an vse among the Romanes, that when any Captaine attained this Ensigne of the Generall, he then deliuered a Rolle or list wherein his number was conteined. By which meanes the Com­mander generall might be informed of his whole Armie. It is also to bee remembred, that besides these inrolled men, doe appertaine to euery ar­mie certaine supposed souldiers, who are men absent, or not vsed, and ne­uerthelesse may enjoy the immunities of the warre: for so was it decreed by Claudius the Emperous, calling those sorts of Souldiers Militia imaginaria.

CHAP. 5.
¶Howe Souldiers did anciently take oathe.

TO exact an oath of Souldiers was euer thought necessary, not onely for the Common weale, but also for the Souldier himselfe. For at such time as Souldiers serued voluntarily, Lucius Flaccus, and Caius Varro being Consuls, the Senate of Rome thought fit to compel men of warre to sweare, though before that time no oath was taken, but at the pleasure of him that would. Cincius in his first booke de remilitari, affirmeth the oath to be thus: or to this effect. In exercitu decemquc millia passuum prope, furtum non facies dolo [Page 7] malo, solus neque cum pluribus. Extra hastam, hastile, ligna, pabulum, vtrem, follem, faculam, si quid ibi inueneris, sustulerisue, quod tuum non erit, quod pluris nummi argentei erit, vti ad Consulem Caium Laelium, Luciumue Cornelium, siue ad quem corum ius erit, proferas: aut profitebere in triduo proximo quicquid in­uencris, sustulerisue dolo malo: aut domino suo, cuius id censebis esse, reddes: Vtine quid non recte factum esse voles. Wee read also, that long after Petreius for­ced the Souldiers of Pompey to sweare they should not abandon their Cap­taine, nor Campe; neither should they doe any treason, nor consult one with another priuately. The like oath was ministred vnto the Souldiers of Domitianus by Caesar, and they became the more obedient. To which a­greeth that of Polybius, Sc obtemperaturos, & facturos quicquid mandabitur ab Imperatoribus iuxta vires. Out of Liuie lib. 22. Sese fugae atque formidinis ergo non abituros, neque ex ordine recessuros, nisit teli sumendi, aut petendi, aut [...] feriendi, ant ciuis seruandi caussa. Also Consulis iussu se conuenturos, nec iniussu­abituros. Out of Halycarnasseus Lib. 10. Secuturos se consules, neque signa deser­tures, neque aliquid contra populum facturos. These wordes also Scipio sware, Liuij Lib. 22. Vt ego Rempublicam non deseram, neque vllum ciucm Romanum de­serrepatiar. Si sciens fallo ex animi mei sententia, tum me Iupiter Opt. Max. domum, familiam, remque meam pessimo laetho afficiat. The oath was taken in the presence of the whole Legion, by one Souldiour holding his drawen sword in his hand, and then all the rest seuerally answered drawing their swords, Idem in me. After vnder the Emperours was added, Se Caesaris salu­tem omnibus rebus antelaturos. And they which tooke oath to Iulian the Em­perour, laying their swords to their necks sware, Se omnes pro eo casus quoad vitam profuderint, si id necessitas exegerit, perlaturos. In the declining state of the Romane Empire, when Barbarians were enrouled among Romane soul­diers, they were branded with the Emperours marke, and tooke their oath, Per Deum, & Christum, & Spiritum Sanctum, & per Maiestatem imperatoris omnia se facturos quae praeceperit Imperator, nec mortem recusaturos pro Romano Republica. In France also it was anciently vsed that euery Souldier recei­ued into any band, or ornified with the girdle Militarie, should be sworne vnto the King or the general of horse, if he were a horseman; or seruing on foot, his oath should be taken by the Praetor, or Captaine of footmen. And so greatly was an oath esteemed, as Caesar procured a Law to be made, that no Citizen vnsworne, should remaine out of Italy more then three yeeres. By imitation of which example, the Senate of Rome decreed that all Magistrates should sweare to answere truely vnto those Interrogato­ries that were propounded. The Souldiers of that time did sweare by the gods; and Radamanthus did thinke that all doubts ought bee decided by oath. Either else they were to sweare by the winde, & the sword: because the one was cause of life, th' other of death, for such was the Scythian vse; Or else by Iupiter, Mars and Pallas; or sometimes by eleuating a Scepter, which Princes in old time accustomed. But the Christians doe sweare in forme according to the pleasure of the Prince, the Generall or Chief [...]aine: but in matter the oath of Christians is to sweare by the Deitie, As by God, or by his holy Euagelists, &c.

[Page 8] And here is to bee noted, that if any souldier were absolued from his othe, yet might he not without the Generals licence, be receiued into any other Armie: which ordinance was obserued by Constantinus and the an­cient Romanes also. For when Pompilius remained in Prouince, with his Armie, where the sonne of Cato serued as a Tiro or yong souldier, hee thought good to discharge that Legion, where the sonne of Cato was. But he desirous to continue in the warre, did write vnto Pompilius, that if hee pleased to consent he might remaine there, hee would by anew othe be­come bound, because the first othe dispensed with, hee might not fight with the enemie. And hereof wee may bee also informed by an Epistle which Marcus Cato the father did write, wherein he commanded his soone not to beare Armes; for (quoth he) Qui miles non est, cum hoste pugnare non debet. Thus concluding we say, that souldiers ought be first girded, then enrolled, and lastly by othe obliged.

CHAP. 6.
¶What sortes of men ought to bee reputed Soul­diers, and who may not bee pressed to beare Armes.

ALbeit the warre is to employ men of diuers qualitie, yet ought they onely to be reputed Souldiers, that make pro­fession of Armes. Therefore out of that number, Victualers, Merchants, Artificers, and generally all men attending their owne priuate profit, are excluded. Neither ought any of them be priuiledged by the warre, because such negotiants be occupied in their owne commoditie, and therefore, as men of base sort, vnworthy to be numbred among men of warre: because their onely endeuour is to gaine: which they cannot ( nisi admodum mentiantur) we also accompt to aduo­cate, procurer, pleader, or perswader to merit the immunitie of warre. For Claudius the Emperour commanded that euery souldier should (with­out counsell) render a reason of his owne life. The Philosophers also thought those men needlesse in euery common weale: Neither can wee allowe Ploughmen to bee properly called souldiers, when they are first pressed to supplie the want of men trained; yet true it is, that in respect their bodies are accustomed to hardnesse and labour, they become oft times men of good seruice. And some great Captaines and Generals also, liuing a rurall life, haue neuerthelesse performed their office with much glory, as Fabritius, Cincinnatus, and others. Martianus the great doctor did also reiect bondmen, as persons improper and vnworthy the name of souldiers, affirming it vnnaturall for him that was not his owne, to serue [Page 9] any other master then him onely to whom he was bound. And to say true­ly, the mind of man vsed to slauery, is base, abiect, and vnapt for the warre: Yet hath it bene seene, that in times of necessity those men haue bene em­ployed For we reade how Marcus Antoninus the Emperour, after the warre of Carthage, trained a great number of slaues, and made them fit for armes, calling them volones. And Sex [...]us Pompeius in the ciuil warre of Italy against the Romanes armed many bondmen. Yet certaine it is, that no slaues were receiued for souldiers, vntill they had bene enfranchised; and so was it de­creed by Lucius Aemilius Paulus, and Terentius Varro, then Consuls.

And for asmuch as the name and dignitie of a souldier is honourable, all persons hauing committed any infamous crime, and thereof conuicted, ought not afterwards beare armes. Also because the warre requireth beau­tie and force in men, no souldier should bee allowed, that wanteth any member or limme of his person, which moued the Emperour Domitianus and Nerua to decree, that no childe should be gelded. And Constantinus commanded that vpon paine of death no Eunuch should be made, being perswaded that gelding did take from men the courage and viuacitie re­quired in warre. Yet was it allowed by the ordinance of the good Empe­rour Traianus, that albeit a man were borne with one onely stone, or by a­nie mishap did loose it, yet might he by the lawe Militarie beare Armes; for Silla, and Cotta had naturally that imperfection. Wee conclude there­fore that some fort of Eunuches (but no gelded man) may beare Armes. And histories doe make mention that the Enunch Narcete in the reigne of Iustinian expulsed the Goths out of Italy. Likewise Eucherius a princi­pall fauourite of the Emperour Constantius was both an Eunuch and a Captaine very notable. And Cyrus hauing conquered Babylon made choice of Eunuches onely to guard his person, holding them of no lesse force then other men, and by example of horses gelded, was perswaded, their bodies were no whit disabled for the warre.

But as these before may not be receiued, in respect of natural debilitie, so others for respect of qualification, are priuiledged and excused, as Priests, and persons Ecclesiasticall, to whom Romulus granted Immuni­ties: the like grace was giuen to the Druides in France, by Caesar: also all Graduates in schoole may challenge that priuiledge.

The same Immunitie is also due to men aged, and those youths that are not of perfect strenght; for so was it iudged by Gordianus the yonger: In which point the law of Gracchus is also much to bee liked, for thereby hee commaundeth that no person of lesse age then seuenteene yeeres should be called vnto the warre.

CHAP. 7.
Of yong Souldiers, called Tyrones.

IT is said of Hercules Prodicus, That hee growing towards mans estate, retired himselfe into a solitarie place; and there sitting alone, considered, that two waies there were to passe the course of his life: the one was of pleasure, the other of industrie and vertue. This consideration I recommend to all yong men, yet therewith wish, the choise should not be left vnto them­selues: For the greatest number affecting idlenesse or sensuall delight, or else wanting mature iudgement, would follow that way they finde them­selues inclined vnto. It therefore behooueth they should be compelled to the exercise of vertue and Armes. And as great pitie it were to withholde the rewards due to militarie merit, so not to incite young men to the exer­cise of Armes, were an errour inexcusable. For so was it decreed by lawe of Dioclesianus and Maximianus: which also was more anciently obserued of the Romanes, as by their histories appeareth: For when Quintus Serui­lius (being Tribunus Plebis, with authoritie Consulare) was to assemble an armie against the Lucanes and Equians, he refused to make a confuse choise of the people, and elected of the yonger sort onely. After that time, the Dictator Camillus with his General of horse Seruilius Hala, did the like. And Appius Claudius, with Lucius Furius Camillus, beeing Consuls, by direction of the Senate, in a warre against the Gauls, did choose only yong men, both of the Citie and of the Countrey: yea sometimes for want of them, priso­ners and persons condemned were pressed to beare Armes. In some other ages by reason of scarcitie of able bodies, some youths before they were seuenteene yeeres old, and others that exceeded fiftie, were forced to the warre. But here is to be remembred, that neither these Tyrones, nor others for necessitie chosen, ought be of equall reputation vnto more ancient sol­diers: yet thus much priuiledge the Romanes did allow them, That when any errour was committed, they were (in respect of youth and want of experience) the sooner pardoned. In the flourishing state of the Romane Empire, the Tyrones were chosen out of the free borne, at the age of 17. yeeres by Officers called Conquisitores, Scruius Ho­noratus. and for the first yeere they had their Tutors, and Guardians appointed to ouersee them. But it is referred to one among other causes of the ouerthrow of the Empire, when landed men were charged to finde Tyrones according to their reuenues and possessions. For Vegetius writeth, Lib. 1. cap. 7. Tot vbique ab bostibus illatae sunt clades, dum longa pax militem incuriosiùs legit, dum possessoribus indicti Tyrones per gratiam aut dissimulationem probantur, tales [...] sociantur armis quales dimini habere fasti­diunt. For then slaues, and base people were matriculated for souldiers, in­somuch as straight lawes were made to the contrarie.

CHAP. 8.
Of olde Souldiers, whome the Romanes called Veterani.

THe Romanes called those soldiers Veterani, that had serued long either in the Legion, or elsewhere, and behaued them­selues dutifully as beseemed honest men. The time ascribed vnto that name of Veteranus, was commonly twenty yeeres, which beeing passed, the souldier was called also Emeritus. The priuiledges bestowed vpon such persons were so great, as diuers Em­perous did contend who should be most liberall. Also Canutus king of Denmarke decreed, That when souldiers did meet to eat, the yonger should giue place to him that was his ancient in Armes, because his meaning was (euen in ordinarie ceremonies) to obserue the honour due vnto ancient seruice, and whosoeuer in that case failed to performe the Kings comman­dement, should be cassed with ignominie. Constantinus the Emperour pri­uiledged old soldiers so much, as to exempt them from all imposition, con­tribution, and exaction, The great Antoninus, and his father before him, commanded that all Veterani should be free from paying vnto the building of ships; also in buying of wares in faire, or market, they should passe with­out paiment of custome. They were also permitted, without molestation, to liue in ease and rest. Also to them it was lawfull to vse commerce, fell, employ money, traffique, and doe all things for their owne best commo­dity. So concluding, we say, that the Emperour Dioclesianus and Maxi­mianus ordained, That vnto euery Veteran, hauing honestly serued in any Legion, or vnder any ensigne the space of twentie yeeres, an honourable or causarie dismission should be granted. After which time, he enioyed ma­ny other immunities, which extended also to his children, but no further. And Constantinus, besides many other graces, commanded they should be offered no sort of iniurie, thinking it vnmeete that men so much priuiled­ged by their Prince, should endure any wrong or indignitie. Neuerthe­lesse, if they, or any of them did steale, or commit felonie, then without re­spect of priuiledge, the punishment due by law should be inflicted. But rarely is it seene, that men hauing long liued vertuously, and enioying the degrees of honour, should offend or doe any act of slander or infamie. Lastly, the Veterani might marry wiues, they could not be put to tortour, nor condemned to the Mines nor publique workes, they night manure their lands: for Constantine the Great assigned them lands that would fall to husbandry, and to euery one of them to buy necessaries 25000, pieces of money called Folles, one yoke of oxen, and an hundred bushels of graine. To the other 100000. of those Folles, as appeareth in Codex Theodosianus li. 7. titulo 20. where there is also a most ample Priuiledge granted to them by the said Constantine.

CHAP. 9.
¶Of Souldiers called Emeriti.

REasonable it seemeth, that souldiers hauing endured the danger, toile, and trauell of the warre, should be suffered to leade the rest of their liues in ease and rest: for so hath their long and loyall seruice deserued. We read that the Legionarie souldiers of Rome that had many yeeres con­tinued in pay (without committing any crime) were li­censed to depart at their pleasure, notwithstanding the Oath formerly ta­ken: and euery man hauing so serued the state, might also claime the priui­ledges appertaining to old souldiers: for so was it decreed by Tiberius the Emperour: and Caligula (as Tacitus sayth) taking view of his bands, dis­pensed with diuers Captaines before they had gray haires: as one that re­spected rather their imbecilitie and strength decayed, then the time they had serued: beeing perswaded that age approching, was a cause sufficient to merit honest libertie. It was therefore thought fit, that all souldiers that had well serued, should bee left to their libertie. Antoninus the Emperour commanded that such men should be dismissed with honour, and extraor­dinarily rewarded. Which fauour was granted, not onely to men armed, but also vnto all officers that followed the Generall, and serued in place of reputation: yet were they inhibited to keepe company with other men, then such as made profession of Armes, or to intermeddle in any affaires, not appertaining vnto the warre, vpon paine to forfeit ten pounds in gold. These Emeriti were alwayes ancient seruitours, and professours of Armes, who continued in Court or Campe, euer ready to perfourme the Empe­rours will and commandement. Touching the time of their seruice, it see­meth to rest chiefly in the Princes commandement, and was sometimes more, and sometimes lesse, as hath bene formerly said: yet in shorter space then ten yeeres, no souldier was (with grace) dismissed, as shall be more particularly said in the Chapter of Cassation.

CHAP. 10.
¶Of crimes Militarie in generall.

FIrst it is to be knowen, that some crimes be common, and punishable in all men: and some are proper to men of war onely: of the first are forgeries, adulterie, publique and pri­uate violence, sedition, manslaughter, burning of houses, treason, sacrilege & other enormities: for whosoeuer com­mitteth any such offence, whether he be a man of warre or not, the punish­ment due is all one. Crimes proper to souldiers, are such only as are com­mitted contrarie to discipline Militarie, and excuseable in other men, not being souldiers. Now is it necessarie to vnderstand how crimes contrary to Militarie Iustice ought be punished. We call that discipline Militarie, whereby men are made obedient, and instructed in all such qualities as are required in a souldier. And for so much as the readiest way vnto vertue, is first to restraine vice, we must endeuour by discipline to hold men in obedi­ence. And notwithstanding al humane policie and lawes, both diuine and humane, some men there are so vile and malicious, as (without respect) will commit all actes or iniuries that can be inuented, yet good gouernours do forecast, not onely what men doe, but also what may be done: which mo­ued the Romanes to consider that some men did commit faultes beyond expectation, in so much as there wanted not of those that haue slaine their owne fathers. For which offence, Solon in his lawes prouided no punish­ment: and being asked why he did not inflict penaltie vpon those offen­dors, answered, he thought not that any man would haue bene so wocked. We therefore thinke fit, to prescribe punishments vnto all crimes: for souldiers (like vnto others) be neither gods nor perfect creatures, but men apt to erre, and without restraint of law not to be gouerned. Arrius Me­ander in his first booke Dere Militari saith, Crimes properly Militarie are those which a man (as a souldier) doth commit. And here a certaine dif­ference betweene errour and crime is to be noted: for we call that an error when any thing is done contrary to common discipline: as to be slouthful, disobedient, and vnwilling: but he is said to commit a crime, when the fault is accompanied with intent to hurt: for without that intent, the acte may be imputed to destenie or chance, and as a thing happened vnwares: therefore Antoninus the Emperour did command Herculianus and other Captaines, that if a souldier hauing stroken another man, did prooue the act was without intent to kill, that then he should not bee condemned of manslaughter: as if a man be slaine when souldiers be trained, or in exer­cise of armes, then that act is not accounted criminall, but casuall: yet if such an act be done in any other place, the doer thereof shall be re [...]uted guiltie. But as the humors of men are diuers, so are the crimes by them committed of diuers qualitie, as hereafter shallbe discoursed.

CHAP. 11.
Of treason and Traytors.

ALbeit a custome most common it is that Traitors flying vn­to the enemie, are well entreated and greatly esteemed, so long as their seruice is thought profitable: yet afterwardes (their condition being knowen) that credit doth decay, and consequently the fauour they finde becommeth euery day lesse then other. The law calleth them Traytors that indeuour to betray their Prince or the libertie of their countrey: they are also called Traytors that hauing a charge, doe yeeld the same vp vnto the enemie, of whom it is by law decreed, they ought to be capitally punished, or at the least dis­charged. Likewise all Explorators or spies that bewray our secrets and enforme the enemie, are accounted Traytors, and worthy capitall punish­ment. With these offendors the Aegyptians vsed to deale more mildly, for in that case the offendors had their tongues cut out, and so suffered to liue. They were also accounted to haue committed a crime treasonable, that furnished the enemie with weapon or munition, whereby they might of­fend vs, and we with more difficultie offend them. The goods of such men ought be confiscate, and their liues subiect vnto death. The doctor Paulus iudged that who so did sell any armour vnto the enemie, did thereby in­curre the forfeiture of his life. Edward the third, king of England, in a Par­liament holden at Winchester, caused Edmond Earle of Kent to be conuicted of Treason, for perswading other Lords to rebell. Yet true it is, that Trai­tors are diuersly punished, according to the qualitie of the crime, the cu­stome of the countrey, and the discretion of the Prince. Tullus Hostilius king of Rome, caused Metius Suffetius guiltie of Treason, to be beaten by the Littori, and after torne in pieces with horses. Antony de Leua defen­ding Pauia, discouered a souldier of his had informed the French, that in that citie small store of powder remained, he called him to be examined: and the fault confessed, the souldier was put to death and quartered. A­mong the Athenians it was not lawfull to burie a Traitor, which was the cause that the bones of Themistocles were secretly caried into his friendes house and there buried. Bellesarius finding that a Citizen of Athens called Laurus, had complotted treason, commanded his bodie should be brought vnto a hill before the citie, and there thrust thorow with a stake, which ma­ner of death is at this day vsed in Turkie. Charles the Emperour making warre vpon Philip duke of Austria, practized with certaine of the Captains to perswade Philip to leaue the fielde, who hauing compassed so much as the Emperour required, they demanded a reward of their treason: which was foorthwith payed in counterfeit money, and caried home. But the [Page 15] Traytors perceiuing the money not to be good, returned therewith, desi­ring better payment: The Emperour calling both for the Traytors and the payers, caused the Traytors to be put out of the doores, saying, That false workemen must be payed with false coyne.

CHAP. 12.
¶Of Disobedience.

TOuching contumacie, or disobedience, the law determineth, that whosoeuer resuseth or omitteth to execute that which the General commandeth, or doth what he forbid deth, ought to be punished by passing the pikes; yea though he hath effe­cted what he would: which rule the Romanes obserued pre­cisely, as appeareth by the Iustice of Lucius Papirius the Dictator in flicted vpon Fabius Rutilianus Generall of the horse, although he were victorious and had slaine twenty thousand Samnites. Likewise by the iudgement of Torquatus against his sonne (hauing contrary to his cōmandement fought with the Tusculans and gained victorie) was neuertheles beheaded. There­fore it remaineth (as a rule) that not onely breach of commandement, but also simple contumacie is an offence capital, if the same be apparant. Yea, sometimes omission of due respect is criminall, though not euer capitall. As if a man with order doe enter into a place guarded, or passe out by any other way then that which the Generall hath appointed. Another point of disobedience it is, not to goe vnto the army being called, or with­out licence to depart from thence: for that is indeed an apparant contempt, and by the Romans punished with death. Omnis contumacia aduersus Ducem capite punienda est. Posthumius Triburtius commanded Aulus Posthumius to be put to death, for vanquishing the enemie without his commission: and Au­lus Fuluius for going to fight vncommanded, condemned his sonne to die. Yet the Aegyptians made a law that Captaines and souldiers, for disobe­dience, should not be put to death, but remaine infamous, vntill by some notable seruice their reputation were rccouered. Arrius made a lawe, that if a man did wound his fellow souldier (though it were with a stone) he ought to be cassed: it it were with a sword, to loose his life. The like was decreed by Kanutus King of Denmarke.

CHAP. 13.
Of Cowardise.

IT seemeth that all Militarie offences may be comprised in three, viz. Cowardise, Treason, and Disobedience: yet will wee speake more particularly. Touching the first, ea­sily may it be conceiued, that Cowardise is the cause and occasion of many other transgressions, for who so is irreso­lute, or apt to entertaine feare, is also soon perswaded to saue himselfe with dishonour. By Cowardise souldiers doe forsake their rankes: and some­times abandon their Ensigne: which faults the Romanes punished with death. It was long since by an Edict commanded in France, that whosoe­uer did forsake his colours, or the ranke wherein he was placed, should re­ceiue punishment by passing the pikes. Another kinde of Cowardise is to faine sickenesse, or without leaue to be absent from the Armie. He is also culpable of that crime, that leaueth his place of standing vpon the wall, during the assault: or shall abandon the trench. Yet true it is, if any such fault bee committed at any other time then during the assault, the same is not absolutely capitall, but is arbitrable. It hath bene also anciently vsed, that if a souldier without lawfull excuse did goe from the Watch, or of­fice of Scout, or any other seruice allotted vnto him by the Sergeant, that then he should be iudged to passe the Pikes, or Harquebuzies, according to that kinde of weapon wherewith he serued. And if many souldiers (as a whole Ensigne or troupe) did commit that crime, the Roman vse was to execute euery tenth man, in presence of the rest: to the end the pain might fall vpon fewe, and the terrour to all. And in such cases of Cowardise the Generall ought to be inexorable, because seueritie doth make an army in­uincible. The experience whereof was seene when Spartacus defeated the Romanes conducted by Crassus. For presently vpon that dishonour, Cras­sus commanded a decimation, and put to death a tenth man in euery Legi­on, for not hauing fought manfully. That being done, he begun to fight a-new: And albeit the number of Romans was diminished, yet were they vi­ctorious, and cut the enemies in pieces. But here is to be noted, that of flee­ing there is two sorts, the one proceeding of a sudden and vnlooked for terror, which is least blameable: the other is voluntary, and as it were a determinate intention to giue place vnto the enemie: A fault exceeding foule, and not excusable.

CHAP. 14.
Of other militarie crimes.

BEsides these crimes formerly touched, many other there are that merit seuere punishment, and chiefly, To abandon the Armie, and flee to the enemie. For what iniurie can be greater, or what offence more foule in a souldier, then being instructed, trained, and well entertained, to employ his vertue in seruice of an enemie? This crime was therefore in ancient time grieuously punished, and the greater the qualitie was of him that did offend, the more was the punishment inflicted. Yet doe we not finde any particular paine ascribed to this offence, but left to discretion of the Gene­rall. Neuerthelesse in that case it shall not be amisse to imitate the anci­ent proceeding of ancient Chieftaines. The Romanes therefore for pu­nishment of the Brutij, who fled vnto Hannibal, protested them to be from thenceforth neither souldiers, nor companions in armes, but persons ig­nominious, and seruants vnto the Armie. And when Cyrus intercepted a letter, which one of his Captaines called Orontes had written, offering to serue the enemie with a company of horse, Cyrus assembled the Leaders, and in their presence condemned Orontes to death. Fredericus the second possessing the kingdome of Naples, was by his sonne Henrie abandoned, and being with the enemie he pardoned him, yet with condition he should confine himselfe to the bounds of Apulia, vntill his father returned from Germany: during which time, Henry practised some other innouation, and therefore was put in prison, and in the end suffered death. Elfricus a chiefe Leader vnder Etheldred King of England, pretending to doe seruice, fled vnto the Danes: but the warre being ended, he returned vnto his Prince, desiring his life: which with difficulty he obtained, yet did the King com­mand his eyes should be put out.

To these offendors, we may adde all such as secretly doe relieue the ene­mie with counsell, money, meate, or by any other meane whatsoeuer. In which case the Emperour Constantius decreed, that if a souldier, Captaine, or Leader did vtter any word, signe, or voice, to encourage the enemie, that for so doing he should be tied in chaines, and as a beast be led whersoeuer the Armie went.

Of this kinde we may account two other sorts of men, whom the Ro­manes called Emansores & Desertores. They named him Desertor that went from the Armie, and did not onely secretly depart, but stayed long with the enemie, as one intending neuer to returne. But Emansor was hee that without licence went away, and very shortly did come againe, and there­fore his offence reputed the lesse. This error is most commonly found in [Page 18] yong souldiers whom we call Tyrones. Neither are they to be all punished alike, but the Iudge is to examine the circumstances of the cause. The law willeth that who so is found a Desertor in warre, is to be capitally puni­shed, whether hee were horseman or souldier on foote. But if a horse­man doe prooue a Desertor in peace, he thereby forfeiteth his degree: or if he were a footman he looseth his pay. If such an offender be found in the citie, he incurreth the losse of his head: but being elswhere found (and that the first fault) hee may be restored, but offending the second time, shall loose his life. He that to this fault shall adde any other, ought be the more sharpely punished: and hauing so offended, he shall be in case, as if he had bene twise a Desertor. To this kind of offence, in diuers ages, and by diuers Princes, diuers penalties were appointed. The Spartanes repulsed such men from being capable of any office, and to liue euer vnmarried: also to giue place to all other men, and haue the one side of their beards shauen. Aui­dius the vsurper commanded, that some should haue their hands cut off, and other their legges broken. Dauid King of Scottes, and second of that name, being forced to flee his kingdome, at his returne (as one mindfull of those that abandoned him in time of danger) caused all Chiefetaines and Captaines to pay money, and would haue disinherited Robert Stewart, who was before named his heire. Also for an example to posteritie, he imposed a pecuniary punishment vpō al those that did abandon their king in fight.

Another sort of fugitiues be they, that beeing taken prisoners, will not returne (although so they might:) of which number, some doe onely rest with the enemie, and others doe take part and fight on his side, which is an offence of great importance. Paulus the Ciuilian writeth, That such offen­ders should be either burned aliue, or hanged. Vlpianus would haue them also burned. Or, rather, as some report, he was not executed by the King for lea­uing him, but by the factious Lords for adhering firmely to the King. Nicholas Brembre an Alderman of London at a battell in Es­sex, or neere Oxford (as others say) fled from King Richard the second, and after being found in Wales, was brought from thence to London, where hee was publikely put to death. Also at the siege of Capua, seuen hundred fugitiues were taken, beaten with roddes, and their hands cut off. By these examples appeareth, that no certeine punishment was inflicted for this offence.

To these we may adde all seditious persons, who desirous of innouation doe attempt diuers enterprises to mooue mutenie or rebellion. These se­ditions are most commonly in armies composed of diuers nations, or where strangers are called for aide. In Cybaris a great number of Achaians and Troezenians did dwell quietly, vntill the Achei finding their number the greater, tooke Armes and expulsed the Troezeni. In Constantinople likewise the strangers did conspire to oppresse the Citizens, but in a battell were all forced to flie. Also after the suppression of the tyrants in Syracusa, the stran­gers and hired souldiers fell into great dissention. For reformation of this fault, Iulius Caesar is to be followed, who finding such a mischiefe to arise, cleared the armie of all busie heads, sware the souldiers, and at the begin­ning repressed the sedition. Modestinus the doctor did giue counsell, that whosoeuer did begin any muteny, should loose his life, if the sedition were dangerous; but beeing of lesse moment, the beginner thereof should be [Page 19] cassed. The law of Naples commandeth, that souldiers or others, mouing any sedition, should forfeit both life and goods. Trebonius a chiefe conspi­ratour against Caesar, was put to death by Dolabella: and Marinas Phalerius Duke of Venice, for conspiring against that state, was beheaded: yet in some places and times the punishment of these offences was onely pecuniall, or infamie.

Another crime of greater consequence it is, to yeeld vp, or abandon a place of strength, or depart from a standing giuen in charge: for by the Romane lawe, those crimes were euer accounted capitall. It is likewise capital for feare of an enemie, to forsake the trench, the wall, or other place to be defended. Therefore Augustus Caesar, caused certaine Captaines (ha­uing abandoned a place) vpon paine of death to recouer it. Modestinus saith, That he who leaueth his place of watch or warde, is to be reputed worse then an Emansor, and consequently for such a fault to be punished, or at the least be discharged his seruice: and he that forsaketh the trench, incurreth the same penaltie, though the enemie doe make no approch: but if the enemie be at hand, then so to doe, is capitall. Euery man may reade that Appius Claudius sent certaine bands against the Volses, and they abandoning their ranks, were beaten with rods, and after executed: which proceeding seemeth extreame, and therefore in like case some fewe haue bene put to death to terrifie the rest. Antonius leading an armie against the Parthians, executed onely euery tenth man of those that first did runne away. The like was done by Appius Claudius in the warre against the Volses, putting a few of those souldiers to death, that first abandoned their En­signes. Caius Caesar, according to the Lawes of Petreius (at suite of the Legions) did put to death onely twelue persons that were the chiefe moo­uers of sedition; so great was his mercie. Neuerthelesse, the vse was euer to put him to death that did flee first. It is sayd that Epaminondas walking the round where the watch was set, hapned to finde a souldier fast asleepe, whom forth with he slew with his sword: saying, As he found him, so hee left him. The like penaltie doe they incurre that sleepe, or depart from their place of watch: which moued Epaminondas to account a souldier slee­ping, like a man without life.

By the law Militarie it is prouided, that if any Souldier doe loose his Armes, or sell them, hee shall for so doing be capitally punished, or at the least disabled to beare Armes, at the discretion of the Iudge. Or if any soul­dier doe cast away his Armes, and not defend himselfe against the enemie, shall thereby incurre infamy. The old Romanes reputed him worthy to re­ceiue a bastonado that abandoned his Ensigne. The like punishment they thought due to him that did forsake the Generall. If any Captaine did flee from his Company, or any Ensigne-bearer did let fall his Colours, he was beheaded, or beaten to death with cudgels. Appius Claudius being sent a­gainst the Volses, caused certaine Ensigne-bearers, for loosing their Co­lours, and others that fled out of their rankes, to be beaten with rods. Paulus the doctor holdeth it a great fault for any Souldier to sell his Armes: yet seemeth hee lesse culpable then the former. But that kinde of crime is thought equal vnto desertion: and whether he sell all or part of his Armes, [Page 20] the fault is one. Yet that doctour maketh this difference, viz. he that selleth his greaues or his powldrō s, ought to be beaten: But who so selleth his shield, his head-peece or sword, shalbe 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, quàm 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 [Page 21] 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 [Page 22] 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 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 [Page 24] 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: [Page 25] 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 [Page 27] 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 warre, did giue vnto the Legionarie souldiers certaine crownes, and vnto euery Captaine a garment of purple: but Hostilius, one of those Tribunes, saying those crowns and garments were like vnto boyes bables, they were rewarded with land and money. Iulius Caesar did giue vnto the sonnes of Adbucillus (the one called Rocillus, the other Aegus) in recom­pence of their great seruice in Gallia, certaine lands there, besides diuers summes of money, whereby they became inriched. The same Caesar, after his triumph for victory against Pharnax, performed all the promises hee had made; and gaue vnto euery souldier fiue thousand groats, to euery lea­der twise so many, to euery horseman double so much. Pompeius hauing ouercome Mithri [...]tes, before he triumphed, bestowed vpon euery soul­dier fiue hundred groats, and vpon the Captaines a farre greater reward. The Scipiones and Metelli were likewise most careful to reward and honour their souldiers. Alexander Seuerus was woont to say, That souldiers would [Page 28] not liue in awe of their Generall, vnlesse they were well apparelled, well armed, full fed, and some pence in their purses. Sometimes also souldiers were honoured with other giftes, as crownes, lances, furniture of horses, bracelets, lands, images of brasse or stone, with diuers other ensignes of honour, as Plinie and Aulus Gellius haue written. Which gifts were by the Doctors of Law anciently called Donatiues. But here it shall not be amisse to remember the dishonourable Donations of Lucius Sylla, who vsed to take money from the true owners, and giue the same to others.

CHAP. 21.
Of Apparell.

AS victuall is necessary, so is it requisite that souldiers should be clothed: which moued great Commanders to be care­ful that men of war might be euer furnished as wel of appa­rel as of food. Caius Gracchus first procured a law to be made, that garments might be giuen vnto souldiers without dimi­nishing their pay. Long after, the Emperors Archadius and Honorius cau­sed certaine money to be giuen vnto euery souldier for the prouision of his coate: which order was in Illyria only. It was also anciently ordered that military garments were prouided in this sort: viz. euery thirty inhabitants payed for one souldiers coate in Thracia. The like was done in Scythia, Mysia, Egypt, and euery other prouince subiect vnto the Empire. These Countreyes were also sometimes taxed according to the acres of land, and sometimes according to the number of dwellers, and the money payed in­to the military treasury. Francis the French king proclaimed an Edict, that souldiers resting in any citie or village in the winter, should haue gar­ments there: and being furnished for the summer, should vse their sum­mer suits vntill the winter following: and then resume them againe. And in case the keeper of those garments did not truely restore them, then vp­on complaint vnto the Generall, order should be taken for the souldiers satisfaction. By which meanes the souldiers were euer honestly clothed, well armed, and comely furnished both on horsebacke and on foote. Yet Pesceninus Niger inhibited souldiers to vse in the waare any girdle garni­shed with gold or siluer, to the end the enemie should not be inriched. He therefore commanded such ornaments to be reserued for their wiues and children. Adrianus the Emperour vsed to weare in the warre plaine gar­ments without garnishing of gold, or strings set with stone. The scab­berd of his sword was also seldome wrought with Iuory. In the reigne of Maximinus Caesar, after the Persian warre, a priuate souldier happened to finde a purse or sachel set full of Margarites and precious stones, which hee tooke off, contenting himselfe with the beaty of the leather whereof it [Page 27] was made. For indeed garments of cloth and skinnes to keepe out colde and raine, are onely needfull for souldiers. Yet true it is, that in the time of the Emperour Iulianus, the maners of souldiers were changed. And Maxi­minianus the yonger, vsed to weare a Iacke of golden maile, after the Polo­nian guise: he also had his Armour and Launce gilded. Caius Caesar after a great victory, suffered his souldiers to become wanton, and called them companions in Armes, permitting them also to ornifie their weapons with siluer and gold. And here it shall not be amisse, to tell how great re­gard the Emperour Aurelianus had to discipline, notwithstanding the fa­uour he afforded to all men of warre, charging his Captaines to obserue these instructions: Sivis Tribunus esse, imò sivis viuere, manus militum con­tine: adding these commandements, let no man take away the Pullen of of another, his sheepe, his oyle, his wood, his grapes, his salt, but rest con­tented with his victuall. Let souldiers liue vpon spoyle of the enemie, not of the countrey. His armes shall be bright, and his garments strong, let his new apparell supply the old, and his wages remaine in his purse, not in the Tauerne: let him lay by his chaine and ring, and keep his horse fat. Let no beast taken be sold, but euery man helpe another. Let the Physicians cure infirmities freely, and without rewards. Let nothing be giuen to the soothsayers. Let euery one be quiet in his lodging, for who so moueth any mutenie or misrule shall be punished. This is in effect the summe of such precepts as are to be obserued by souldiers: wherby appeareth what they are to doe, what to leaue vndone, and what garments ancient Emperours and souldiers were wont to vse. Yet true it is that the hope of all good ser­uice and successe, doth consist in valour, conioyned with policie, where­unto we will adde, that decent apparell, and fit ornaments of body, do be­come all military commanders, as well to make them venerable in sight, as also to giue beholders occasion to thinke, they are persons worthy of re­spect and honour.

CHAP. 22.
¶Of Hostages.

FOr the obseruation of Articles and capitulations of truce or peace, Princes and common weales were wont to deliuer certaine hostages or pledges, to the ende that if promises were broken, then the goods of hostages on the party breaking (by the Edict of Commodus the Emperour) were confis­cate, I meane only those goods which the hostages haue there gotten. Vlpianus writeth that hostages cannot without licence dispose their owne goods by will or testament. Hostages are deliuered either as captiues, or els as pledges to keepe con­ditions: [Page 30] which being performed they ought be returned home: for vn­to other obligation free men may not bee bound. The Romanes ac­knowledging ancient fauours to them done by King Philip, at such time as they tooke Armes against Antiochus, and desirous to requite the same, they sent Demetrius his sonne (then an hostage) vnto his father. Con­trariwise Constantinus being in Britaine beganne also a warre vpon the Scots, and sent to them hostages, by which meane he made the Britaines his sure friends: whereof the Scots informed, and knowing that secret in­tention, suddenly slew all the hostages. Whereby appeareth that where faith is broken, there reuenge is taken vpon hostages. Likewise Henry duke of Saxonie holding Venceslaus brother to Pribislaius Prince of the Obotriti, an hostage, put him to death euen in his 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 shalbe punished, in the other he ought be restored and receiue his pay with recompence, as a veteranus or old souldier. We conclude therefore that cōmon 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 [Page 31] 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.

Sou [...]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, [Page 33] 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, shalbe 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 and rest ignomini­ous; but the sentence of his discharge must be particularly expressed. Af­ter the iudgement of Ignominie, he that is discharged, shall not be capable of any office or dignitie. Traianus accounted no idle person or other man noted of ignominie, worthy to enter his court. The Germanes will not per­mit such a one to repaire vnto diuine seruice, to take any pay, to enioy pri­uiledge, or haue ought to doe with the sword or other weapon; and neither they nor their sonnes to haue any immunitie. Likewise a souldier that kil­leth or woundeth himselfe, shalbe guiltie of ignominie. Iulius Caesar cassed Caius Amenus a Tribune of souldiers in the tenth Legion, for inciting the Romane souldiers to mutiny, and spoile a part of Italy; iudging him to be ignominious and worthy to be banished. In ages more ancient, persons condemned for infamie, were also let blood, nomine poenae.

CHAP. 26.
¶Of Iustice appertaining vnto warre offensiue.

MOst sure and certein it seemeth, that for diuision of peo­ple, establishment of kingdomes, distinction of Signio­ries, limitation of lands, and building of houses, the wars were first deuised: yet is no warre iust vnlesse the same be maintained by reason: for before Armes are taken in hand, it behooueth to prooue all other meanes, by curte­sie and humanitie to compasse that which is desired. But because it falleth out more then often, that the enemie cannot be perswaded by reason, nor acknowledge to haue done wrong, and most seldome to make voluntary restitution; no other hope of helpe resteth, then to force and constraine him. For two wayes there be wherby we are to defend our selues; the one by reason, which is proper to men; the other by force, which is common to bruit beasts: So as the first not preuailing, it behooueth to vse the other. And because man is so farre in loue with his owne affections, as common­ly he layeth hold of shadowes in stead of substance, inclining to that which appeareth, in lieu of that is perfect, and preferreth passion before iudge­ment; he thereby becommeth blind, as well in determining publike as pri­uate affaires. Either else through a violent selfeloue, or a certaine insatiable [Page 34] desire to possesse more then commeth to his share, he easily inclineth to iniurie others, whensoeuer he may be Iudge in his owne cause: So hard a thing is it for a man to determine between himselfe and others, as though he were forced either to doe iniustice, or suffer it. Here of it commeth, that as the fire doth naturally come forth of flints, being beaten one against an­other, so the discord of mens affaires encountring, doth occasion so great troubles as would vtterly ruine all, if by vertue of curtesie and moderation the sharpnesse of reason were not reabated. Whereunto may be added, that the successe of warres is euer doubtfull, notwithstanding the greatest aduantages, and that warre may be begun how and when we will, yet can it not be ended when and how the vanquisher pleaseth. So seemeth it in all respects a great simplicity, or rather plaine folly to exchange tranquilitie for trouble, being thereunto perswaded, by couetous desire or hopes vn­certaine. Concluding therefore, I say, that no warre offensiue ought be enterprised without mature consideration, and for causes iust, not onely in our owne conceit, but also irreprehensible in the conscience of the enemy. And so shal euer be, if we do as we would be done vnto, entring into warre for occasions ordinary, accustomed and receiued of all nations, viz. To recouer those things which are vniustly deteined, and to force the authors of iniury to be deliuered; if the same were not done by publike counsell and consent; or for reuenge of iniuries enterprised against vs without cause, and publikely; or for recouery of passage into forraine countreys, paying al duties: for by law of Nations, passages ought be open to all men, so long as the same may be without preiudice, or probable suspition.

CHAP. 27.
¶Of Iustice appertayning towarre defensiue.

NO warre can be properly called defensiue, but that onely which is made for defence of our selues, and to resist forain inuasions: thereby also to assure, not onely vs and ours, but also to protect Allies and neighbours vniustly oppressed: whensoeuer they desire aide against those that wrongfully and without cause will oppresse them. In all which cases this kind of warre is iustifiable: because the same is warranted not onely by law of Nations, but also by Iustice naturall, seeing nothing can be more reasonable and lawfull then to repulse force with force. For apparant it is that euery crea­ture vntaught and without instruction, before it hath power to doe any thing, will endeuour (in some sort) to repulse iniurie and violence, and consequently saue it selfe. And very naturall it is in all men to be displea­sed, when they are of others vnworthily & vnreasonably oppressed, which is the cause that lawes doe permit that men in their owne defence may kill [Page 35] those that shall assault them: so as the same be done with moderation, aud that our perill cannot otherwise be eschewed. But here may be noted the difference betweene defence and offence. For those whom we haue slaine in the field and without intermission of time, are properly said to be slaine in our defence, and is a thing allowable: but they that after the conflict are killed, cannot be iudged slaine in our defence: because that warre or vio­lence is deemed offensiue, and therefore absolutely forbidden in euery particular person, and the reuenge thereof appertaineth vnto authoritie publique: which mooued Cicero to say, Iustum bellum est quibus necessarium, & pia arma quibus nulla nisi in armis spes relinquitur. Nowe it resteth to tell what warre is truely called iust and necessary. We say therefore that warre to be necessarie when our enemy endeuoureth to take from vs those things without which we cannot liue, or when they assaile vs with daily and dan­gerous incursions. Secondly when they take from vs those things with­out the which we cannot take comfort in our liues: as religion, libertie, and iustice. Thirdly, when they take from vs those things wherein we haue our only delight, as our children, our kinsfolke, our friends, our familiars, and such commodities as we haue long enioyed, and without which, our breath and being must needes be displeasing. In all which cases, it is more then necessary for Princes to defend their subiects, and giue vnto al others their friends and Allies aide, and protection.

CHAP. 28.
¶Of peace.

IN diuers countreys, and amongst diuers people the ceremonies and rites in confirming and establishing of peace, truce and leagues, haue bene diuersly vsed. We reade that the Grecians (after the death of Cyrus the yonger) concluding a peace with Arieno a Com­mander of certaine barbarous people, vsed these cere­monies. First they caused a Bull, a Boare, a Wolfe, and a ramme to be slaine, and laid them vpon a shield: into the blood of those beasts the Grecians did dip their swords: and then the Barbarians did put into the same blood their launces, either of them promising and protesting to obserue fidelitie, friendship and societie.

The Kings of Armenia and Hiberia, to confirme peace betweene them, consented the thombes of their right handes should be fast tied together, which done, then either thombe was stricken with a knife, and the blood comming out, they licked thereof in signe of mutuall loue. But the Ro­manes did euer command that no peace should bee concluded without consent of the Senate and people. For their custome was, that whensoe­uer [Page 36] peace was to be made, the Praetor, the Consul, or Senate, did deliuer vn­to the Foecial a certaine herbe called Verbena, or els grasse pulled vp by the roote, and therewith some boughes of Verbena, together with a flint stone taken out of the Temple of Iupiter Feretrius: which done the Foecial caused a sowe to be brought into the market place, and holding a scepter in his hand, like vnto Iupiter, and couering his head with a cloth, crowned him­selfe with a crowne of Verbena: Which rites being ended, he obtested and beseeched Iupiter and Mars, and th'other gods, that if any of the parties did faile to performe the capitulations, that then hee should be striken and slaine like vnto the sow. After which obtestation her body was cut with the flint: then they cast vpon it water and fire, and so the sacrifice was fully solemnized according to the verse of Virgil, ‘Antiqui coesa firmabant foedera porca.’

Menippus in his answere to Quintus Lincius the Consul, affirmed there were three kinds of treaties. The first was, where the victorious in warre did giue Lawes vnto him that was victored: for he who was most potent in Armes, may euer dispose of all things at his discretion. The second was when the aduersaries, being of equall force, the peace was concluded aequo foedere, that is with equall conditions, and all things restored as they had bene taken: and that he whose possession was by warre disturbed, should be restored. Of this kinde were treaties betweene Octauius Caesar, Antonius and Pompeius, and the conditions being signed and sealed were sent vnto Rome, to rest in the custodie of the Virgins Vestall. The third kinde of trea­tie is betweene those that neuer were enemies, and notwithstanding do ioyne in league and amitie. In that case, if any of them were victorious or victored, yet did they neither giue nor take Law, th'one from th'other.

The Tartarians concluding any peace or treatie, did sanctifie the same in this sort. First they caused a Partizan, a sword or other weapon of warre to be brought, and thereupon they took an oath, which done, they dranke of the water wherein the Partizan, sword or other weapon was washed, pronouncing these words, Quicunque pacta, & fraternitatem violarit, aut contraeam violandam insurrexerit, vel aliquid intentauerit, àframeis inciden­dus, occidendusque pereat, ac tanquam aqua, defluat, ac euanescat.

The Lacedemonians confirmed their treaty with great sacraments, pro­testing to obserue them iustly, simply, without fraud or deceit, and renued the same yerely. As therefore treaties of this kinde doe binde either party equally, so are they both equally and lawfully conioyned in the ob­ligation.

Truce is a peace for a short time: to the end the enemie may take breath and be aduised. Varro calleth truce an abstinence of Armes, and as it were the holydayes of warre. For albeit the fight ceaseth, yet the warre conti­nueth. The terme of truce is neither more nor lesse, but as the enemies shall agree. Lucius Pontius Generall of the Samnits, desired a truce for sixe houres onely. The second truce betweene the Romanes and the Cartha­ginians was to continue for fifty yeeres. The Vients also obteined a truce of the Romanes for an hundreth yeeres. The first truce whereof we reade, was taken in the reigne of Romulus when then Sabins made warre vpon the [Page 37] Romanes vnder Titus Tacius their king. In which expedition certaine La­dies of Rome were imployed and conducted by Hersilia, whose perswasion preuailed with those kings. The nature of truce is such, as during the con­tinuance thereof, the enemies (without offending) may meete and speake together. It is also lawfull for euery souldier (during that terme) to goe and returne safe at his pleasure. But here is to be noted, that euery Treatie as well of truce, as peace, ought be faithfull and sincere: and therefore I much disallow Cleomenes king of Lacedaemon, who hauing concluded a truce for an hundred and thirty daies, did neuerthelesse (in the night) spoile the enemies countrey, alleaging the truce was made for dayes, but not for nights; which crafty construction ought be misliked. Howsoeuer that were, sure it is that no matter of State is of more difficultie, then the assu­rance of Treaties, and leagues betweene Princes and common weales, ei­ther friends or enemies, newters or subiects. For some require onely mu­tual protestation or oath, others demand ostages: some would be posses­sed of townes and strong places, and others would haue the enemy vtterly disarmed; Yet experience hath proued that league to be best, which is ra­tified by alliance and consanguinitie. But this subiect ought be discoursed by doctors and expert polititians.

CHAP. 29.
Of Licences and Pasports.

IN certaine causes, and for some reasons, Captaines Gene­rall and other Commanders in the warre, were wont to grant License vnto their souldiers to be absent from the ar­mie, or other places of seruice, with allowance of time con­uenient, for their going and returne. Yet true it is, that such Licenses ought not to be giuen without earnest occasion, and for good re­spects, whereunto we will adde, that meet it is, that not onely souldiers, but also horses ought to be restrained, and seldome suffered to passe out of the Armie. Neither ought any horse of seruice be employed in hunting, hau­king, or other needlesse exercise: for so was it decreed in the discipline of Augustus. The Emperours Archadius and Honorius commanded all Cap­taines and Commanders to be warie in giuing License to souldiers, chief­ly when the enemie is at hand, or when hee maketh incursion: for at such times to giue License was accompted capital: or if any souldier did absent himselfe from his Ensigne without leaue, that crime was also punished by death. Licenses are therefore to be rarely granted, and for necessary con­siderations. Yet no License may be denied, when vrgent occasion so re­quireth: which error Appius Claudius the Decemuir incurred, when by his [Page 38] letters he required that Luctus Virginius might not be suffered to come vn­to Rome: fearing he would accuse him for the rauishing his daughter: but by good hap Virginius departed from the Armie one day before the letter arriued there. Howsoeuer that were, yet true it is, that no souldier of anie Armie well gouerned, ought demand Pasport or License to depart at any vnseasonable time, neither should any Captain condescend to license him: which moued Hannibal after the taking of Saguntum in Spaine, to proclaim that euery souldier occasioned to goe vnto his countrey or friends, ought before he went to desire license. Likewise by an Edict of Francis the French king all souldiers were inhibited to goe from the Armie without License. It was also the Romane vse, that euery souldier did aske leaue of his Cap­taine, and the Captaine to haue License of the Generall of horse, or Cap­taine general, before he departed from the Armie: also during his absence to leaue a sufficient man to supplie the place, and he himselfe to returne at the time prefixed: which done he receiued his whole pay without diminu­tion, as though hee had neuer bene absent. As touching the limitation of time, and the number of souldiers who were licensed to be absent, we reade that Scipio in the warre of Carthage gaue license vnto three hundred Sicilian souldiers, and put three hundred other men to serue in their places: and Francis the French king commanded, that more then thirty horsemen should not be licensed to go from the Armie at one time: and they not to be absent longer then three moneths, vpon paine to be checked of their whole wages. William Rufus King of England did inhibit souldiers and all other subiects of reputation to depart the land without leaue, which is yet obserued. It seemeth by Pol. Virg. that rather the hand of God, then the King punished this attempt: for he was there slaine in the battell. And Polydor Virgil writeth that one Edward Wooduile (chiefe go­uernour of the Isle of Wight) for going forth of the Realme without license was put to death vnder King Henrie the seuenth. But Zeno the Emperour (punishing that offence more mildely) ordained, that if any souldier were absent one whole yere without license, he should be put after tenne; if he were absent two yeres, he should giue place to twenty; if three yeres, then to be vtterly discharged from the Armie at his returne thither. Theodosius and Valentinianus in that case, would not vtterly discharge them the Ar­mie, vntill foure yeeres absence was complete. If any souldier were sent vnto a Prince to performe any seruice, and at his returne did signifie such employment, together with his diligence to returne, in that case he ought be excused, because his absence was by commandement, and in seruice of the State, not for his owne profit or priuate commoditie. But who so for his owne particular affaires is licensed and assigned a day of returne, in fai­ling thereof he shall be reputed a loyterer, or a fugitiue; vnlesse he be de­teined or otherwise iustly excused. To conclude therefore we say, that no souldier departing from his Ensigne without leaue, can be excused, nor his absence auowable, but when the same is for seruice of the prince or com­mon weale: as Scoeuola in his militarie Ordinances hath written.

CHAP. 30.
¶Of Ambassadours or Legats.

THe office of an Ambassador was by the Romanes accoun­ted both honourable and sacred, including as well power of commandement, as dignitie. Whensoeuer therfore any Ambassadour did come to Rome, he was first brought vn­to the Temple of Saturnus, there to haue his name written before the Praefectiaerarij: from thence he went to deliuer his legation vnto the Senate. But first it ought be remembred, that men meetest to be em­ployed for Ambassadours, are they indeed who are of most sagacitie and greatest skill how to discouer the counsels and designes of the enemy. Sci­pio Africanus hauing occasion to send an ambassage to Syphax, elected cer­taine Tribunes and Centurions, and caused them to be basely apparelled. Cato beholding certaine Ambassadors to be sent by the Senate to com­pound a peace betweene Nicomedes and Prusias, the one of them had his headfull of skarres, the second was impotent of his feet, & the third timer­some, said, This Legation hath neither good head, feet, nor heart. Ambas­sadours ought be in all countreys inuiolable: in signe whereof they anci­ently caried about them the herbe Sagmen, which we call Veruen, to shewe they were sacred, and that no man should dare to lay hold on them; & who so offred them violence, was thought to haue done contrary to law of Nati­ons. Which moued Publius Mutius to command, that whosoeuer did strike an Ambassadour, should be deliuered vnto that enemy from whome the Ambassadour was sent. And though the enemy receiued him not, yet should he remaine an exile, as if he were interdicted from fire and water, according to the sentence of Publius Mutius. Yet doe we read, that Diosco­rides and Scrapion Ambassadors sent from Caesar to Achillas, so soone as they came within his sight, and before he heard them, or for what affaires they were sent, commanded them to be taken and slaine. Caesar likewise sent Marcus Valerius Porcillus vnto king Ariouistus, who being there arriued, was presently taken and put into prison, notwithstanding he were a young man of great vertue and curtesie. Likewise Comius Attrebas being sent by Caesar into Britane, was cast into prison by the Britanes. Laërtes Tolumnius king of Vients, did [...]lea foure Ambassadours of Rome, whose portraitures re­mained long in the market place. Such honour the Romanes vsed to giue vnto those men that dyed for their country. Alexander the Great besieging a Citie called Tyrus, sent Ambassadours vnto the inhabitants thereof, who contrary to the lawe of Nations, slewe them, and from an high tower cast downe their bodies.

CHAP. 31.
¶Of prisoners taken by the enemie.

WHo so is taken in the warre, ought by the law of Nations to be reputed a lawfull prisoner: yet if afterwards hee escape and returne home, he recouereth his former estate. They that are thus taken, were by the Romanes called Serui, quod seruantur: as much to say, as being taken, they ought be kept, not killed: whereof may bee inferred, it is vnlawfull to kill a man hauing yeelded himselfe: because that acte is inhumane, and all great Captaines haue forbidden it, according to the saying of Horace, Vendere cum possis cap­tiuum occidere noli. Herein also wee are to follow the example of ancient Princes and chiefe commanders in warre. Alexander the Great tooke to wife Roxanes whom he had taken prisoner in the warre. Henry the seuenth king of England hauing taken Lambert a king of Ireland together with his schoolemaster, pardoned both their liues; the one because he was a childe, the other a person Ecclesiasticall and dedicated to God: so sayth Polydor Virgil. Romulus made a law, that cities taken by warre should not be vtter­ly demolished, nor all beasts in the field slaine: but setling there certaine Colonies, they did participate of the commodities with the naturall peo­ple. Yet true it is, that some conquerors haue anciently vsed great crueltie. For reade wee may, that the Africans caused many Cathaginians their prisoners, together with their Captaine Gestones, to haue their hands cut off and their legs broken with a wheele. Likewise Hasdrubal after Megarae was recouered from the Romanes, caused their eyes, their tongues, & secret parts to be torne with yron hookes: he also cut off their fingers and flayed their bodies; and before they were dead, hung them vpon the walles. We may also here remember the terrible custome of the Thuliti, who vsed to 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 d [...]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 shalbe 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 [Page 42] 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, [Page 43] 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 [Page 44] 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 [Page 45] 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 deserued the ti­tles appertaining to armes, and beare about them the scarres and tokens of true valour. Adrianus the Emperour would not permit any man to bee a Tribune, or take charge in the warre, whose beard was not full growen, or whose witte or yeres were vncapable of that office: neither would he suf­fer a Captaine to take any thing from his souldier.

Among many other parts of commendation required in a soueraigne commander, there is not any more to bee honoured then liberalitie: and contrariwise auarice ought to be extreamely abhorted. For hard it is to at­tend the affaires of warre, and ouer much to affect money. Great reason therefore had Nicomedes to thinke himselfe vsed with indignitie by the Bi­thynians, when he hauing borne all the offices of warre, and was wounded [Page 46] in many places of his body, was then repulsed. All which notwith­standing, Antisthenes was preferred, and made General, when hee had neuer performed any action praise worthy or memorable, nor had ende­uoured more then to make himselfe mighty in mony: yet is not that Cap­taine to be misliked, that can with honour and good conscience purchase wealth, for thereby he hath meane and power to supply the wants, both of priuate souldiers, and publique scarcitie. The office of a souereigne Com­mander, may be compared vnto the skill of him that gouerneth well a pri­uate house: which is to command things fit, to make men obedient, to re­ward the good and punish the euill. In which offices, the one and the o­ther of these commanders shall not faile to finde enemies, and therefore may be called a warre. Here may we also remember that the Mauritanes being confederate with Iustinianus the Emperour, consented that no man should be their Generall, but such a one as was a friend vnto the Romanes, or had receiued the Ensignes from a commander of the Romane armie, which were these: A staffe of siluer gilded: a cuppe of leather ornified with sil­uer: and a white vesture of small price.

The Romanes called these officers Magistri militum, or Praefecti, when they were sent to gouerne an army against the enemy, or to giue counsell in the warre, or had in charge to dispose of the campe: for so was it decreed by Honorius and Theodosius Sometimes also their lieutenants were called Praefecti, hauing in charge the defence of a particular prouince against the enemie, and were in authoritie equall to him that led the army called Dux, and before the Proconsul. To this dignity, Cabades being restored vnto the kingdome of Persia, preferred Selanem a man of great fame and reputation in the warre, and therefore called him Seosen, which is the title of that Ma­gistrate who commandeth all sorts of souldiers, as the Constable doeth in France, and the High Marshall in England. The office of the Tribunes in Rome, was, to hold the soldiers in order, to see them trained, to keepe the keyes of gates, to suruey the watch, to dispose of the vittaile, to correct false measures, to punish offenders according to the quality of their faults, to be­hold often the order of the army, to here the quarels in question betweene souldiers, and to visit the sicke. For in deed the office of euery commander consisteth in doing iustice and obseruation of discipline. He is also to be spare in giuing licence vnto Souldiers, or to permit any horses to passe out of his countrey, neither should he suffer them to be employed in hun­ting, hauking, or such like exercises, a matter specially inhibited by the dis­cipline of Augustus. A soueraigne Magistrate militarie, ought also to re­member, that after his commission be expired, he ought not to depart the place of his charge, within the space of fiftie dayes: for so doing with­out licence of his superior, he incurreth an offence capital: such was the instruction which Zeno the Emperor did giue vn­to Sebastianus, notwithstanding his authority was ceassed, and a successor come to receiue charge of the Armie.

CHAP. 1.
Of Knighthood.

WHo so desireth to knowe the originall name and dignitie of Knighthood, it behooueth him to be enformed, that the Romanes, a­mong whom Martiall discipline was first esteemed, and titles giuen to men for valo­rous merit, diuided their people into Patritij and Plebaei. After that time, another diuision was made, as Senatores, Equites, and Plebs: as the French haue at this day Les Nobles & la populaire, or Gentils hommes & villains. And we in England doe diuide our men into fiue sorts: Gentlemen, Citizens, Yeomen, Artificers, and Labourers. Of Gen­tlemen, the first and principal is the King, Prince, Dukes, Marquesses, Earls, Vicounts, and Barons. These are the Nobilitie, and be called Lords, or Noblemen. Next to these be Knights, Esquiers, and simple Gentlemen, which last number may be called Nobilitas minor: for they in Parliament haue no place among the Lords; therefore the Barons or degree of Lords doe resemble the dignity of Senatores in Rome, and the title of our Nobi­litie is like vnto Patritij, when the Patritij did signifie Senatores aut Senato­rum filij. But that degree which we doe now call Knighthood, is most like vnto the title in Rome named Equestris ordo. Yet other opinions there are, both of the beginning and name of Knight, as well among the Italians as the Spaniards. But howsoeuer it was, most certaine it seemeth, that vntill Equestris ordo was erected in Rome, there was no such degree of men as we call Knights, neither was that name giuen with such ceremony and shewe of dignitie, as since it hath beene vsed. Yet some there are that faile not to affirme, that Knighthood had the originall from Romulus, in this sort.

That King hauing set led his gouernment in Rome, partly for security, and partly for magnificence erected three bands of horsemen; the first called Romence after his owne name, the next Titience after Titus Tacius, and the third Luceria, whereof only I thinke Liuie maketh mention. Hereupon they will inferre, that Knighthood begun vnder Romulus.

The Spaniards doe hold opinion, that when faith and plaine dealing de­cayed, those men that made profession of warre, euery thousand did chuse one man whom they thought to be of greatest wisdome, courage, and cur­tesie among the rest. That being done, they made choise of such an horse as was reputed to excell the rest, for beautie, force, and other perfections, [Page 52] and forthwith gaue that beast vnto that man whome they had chosen: as though their intention were to conioyne that singular beast vnto that no­table man: naming him Caualiero, which signifieth Horseman, though we improperly English it Knight.

Thus much is said in generall concerning gentlemen that make profes­sion of Armes, whom the Romanes (as it seemeth) sometimes called Mili­tes, and some other times Equites: the Italians and Spaniards Caualieri, the French Cheualiers: but in our language (as is now vsed) none are called Knights, but only they that haue that title giuen by the Prince or his Lieu­tenant, with a ceremony thereunto belonging. And of Knights made ac­cording to the vse of England, are diuers degrees, as shall hereafter bee declared.

CHAP. 2.
¶The originall of Knighthood giuen as a Dignity: and what Princes haue authoritie to make Knights.

IT is affirmed by some writers, that Alexander the Great with the aduise of his learned tutor Aristotle, resolued to bestow vpon such persons as performed any notable ser­uice in the warre, certaine honours and aduancements, in token of their extraordinary vertue and notable merit: and therefore he gaue vnto some badges, to some chaines, to some immunities, or some such other demonstration of fauour and honour.

The Romane Emperours in like manner sometimes before the begin­ning of a seruice, and sometimes after, bestowed not only commendation, but also dignity on those whose vertue they thought so worthy: as crowns of Bayes, of Golde, of Myrtle, or some other gift thought fit by the giuer. They gaue also horses, swords, armour, arming coats, and such like: & they that receiued them as a token of honour, kept them carefully in perpetuall memory of their valour, and the honour of the Prince that gaue them. By this meane also they became much admired and esteemed of other soul­diers.

Afterwards, for more encouragement of vertuous minds, other Princes thought good that the memorable acts of soldiers should be in perpetuall memory written, and such priuiledges as were giuen them to be recorded, calling them in those writings, Valiant men, Companions in Arms, Victo­rious souldiers and Knights. Which maner of proceeding did encourage the men of warre, no lesse then the great pou [...]traitures which the most an­cient Romanes made for those that had performed actes egregious.

[Page 53] Touching the making of Knights, we say, That euery Prince souereigne hath power to giue that dignitie to what person it pleaseth him, as well in time of peace as warre. But here is to be noted, that the Knights made, are of more or lesse reputation according to the qualitie of that Prince that made them. For he that is made knight by a King, shall be preferred before a knight made by a Prince of meaner title. To conclude therefore we say, that all Emperours, Kings, Dukes and other Princes acknowledging no Superiour, may make Knights, and so may common-weales, as the State of Venice and Genoa. The Popes doe also sometimes make Knights for mo­ney: calling them commonly after their owne names: Caualieri di San Pie­tro, San Paulo, Guiliani, Pij. &c.

CHAP. 3.
The maner of making Knights about the yeere of Christ 500. neere which time King Arthur reigned in England.

IN that age, a Prince determining to make a Knight, did command a Scaffold or Stage to be builded in some Ca­thedrall Church of his kingdome, or other spacious place neere vnto it. Thither the Gentleman was brought to re­ceiue that honour: and being come, was forthwith placed in a chaire of siluer, adorned with greene silke. Then was demaunded of him if he were healthy of bodie, and able to endure the trauell required in a souldier: also whether he were a man of honest conuersation, and what witnesses worthy credit he could produce so to affirme. That being done, the Bishop or chiefe Prelate of the Church tooke the Bible, and holding it open before the Knight, in presence of the King and all others spake these words: Sir, you that desire to receiue the order of Knighthood, sweare be­fore God, and by this holy booke, that ye shal not fight against this mightie and excellent Prince that now bestoweth the order of Knighthood vpon you, vnlesse you shall be commanded so to do, in the seruice of your owne King and naturall Prince: for in that case, hauing first yeelded vp the coller, deuice and other ensignes of honour now receiued, it shall be lawfull for you to serue against him, without reproch, or offence to all other compa­nions in Armes: but otherwise doing, ye shall incurre infamy, and being taken in warre, shall be subiect to the paines of death. Ye shall also sweare with all your force and power to maintaine and defend all Ladies, Gentle­women, Orphans, Widdowes, women distressed and abandoned. The like must ye doe for wiues, being desired, and shun no aduenture of your person, in euery good warre wherein ye happen to be.

[Page 54] This oath taken, two of the chiefe Lords led him vnto the King, who presently drew foorth his sword and layd the same vpon the Gentlemans head, and said, God and Saint George (or what other Saint the King plea­sed to name) make thee a good Knight. Then came vnto the Knight, seuen noble Ladies, attired in white, and girt a sword vnto his side.

That done, foure Knights of the most honourable in that presence put on his spurs.

These Ceremonies past, the Queene tooke him by the right arme, and a Dutchesse by the left, and led him vnto a rich seat made on high, and thereupon set him, the King sitting downe on the right hande, and the Queene on the other.

After the King and Queene were thus set, and the new Knight between them, al the rest of the Lords and Ladies sate downe also vpon other seats prepared for them, three descents vnder the kings seat.

Euery Lord and Lady being thus placed, thither was brought a solemn collation or banquet of delicate meates, whereof the Knight, the King, the Queene, and whole company did eate. And so the ceremony ended.

CHAP. 4.
The degradation of Knights in those daies.

IF any Knight at that time had bene corrupted with money by his Princes enemy, or committed any o­ther notable fact against loyaltie and honour, the o­ther Knights forthwith made humble suite vnto the king that he might be punished. Which request be­ing granted, they apprehended the offendour, and caused him to be armed from head to foot, and in such sort as if he were going to the field. Then they led him vp to an high stage made in a Church for that purpose, where thirtie Priests soung such Psalmes as are vsed at burials, as though the Knight had lien dead at their feete. At the end of euery Psalme they tooke from him one piece of armour. First they tooke off his Helmet as that which de [...]en­ded his traiterous eyes, then his gauntlet on the right side, as that which couered a corrupt hand: then his gauntlet on the left side, as from a mem­ber consenting, and by peecemeale dispoiled him of all his Armes as well offensiue as defensiue, which one after another were thrown to the ground: and at the instant when any peece of armour was cast downe, the King of Armes first, and after him all other Heralds cryed aloud, saying, this is the head-peece of a disloyall and miscreant Knight. Then was brought thither a basen of golde or siluer full of warme water: which being holden vp, the Heralds with a loud voice saide, What is the Knights name? The Purse­uants [Page 55] answered that which in trueth was his name. Then the chiefe King of Armes said, That is not true, for he is a miscreant and false traitour, and hath transgressed the ordinances of Knighthood. Thereunto answered the Chaplains, Let vs giue him his right name. Then spake the Trumpets, What shall be done with him? To which wordes the King answered, Let him with dishonour and shame be banished my kingdome as a vile and in­famous man that hath offended the honour of Knighthood. So soone as the King had so said, the King of Armes and other Heralds cast the warme water vpon the disgraded Knights face, as though he were new baptized, saying, Henceforth thou shalt be called by thy right name, Traitour. Then the King with twelue other Knights put vpon them mourning garments, declaring sorow: and comming vnto the Knight disgraded, put him downe the Stage, not by the stayers hee mounted vp when he was made Knight, but threwe him downe tyed vnto a rope. Then with great ignominy hee was brought vnto the Altar, and there layd groueling on the ground, and ouer him was read a Psalme full of curses.

CHAP. 5.
¶Of Knights of the Round Table.

ABout the yeere of Christ 490. there raigned in Eng­land (then called Britaine) a King named Arthur, whose valour was so great, and admirable, as many men now liuing, doe hold the same rather fabulous then credible. Yet whoso shall consider enterprises of later time atchieued by priuate persons, may be easily induced to thinke that a great part of praise written of that mighty Monarche, may reasonably receiue beleefe. But omitting to speake of his prowesse (percase already by others ouerlargely discoursed) I say that this most famous King hauing expulsed out of England the Saxons, conquered Norway, Scotland, and the most part of France, was crowned in the Citie of Paris. From whence re­turned, he erected a certaine Association or brotherhood of Knights: who vowed to obserue these Articles following.

First, that euery Knight should be well armed, and furnished to vnder­take any enterprise wherein he was employed, by Sea or land, on horse­backe or foot.

That he should be euer prest to assaile all Tyrants, and oppressours of people.

That he should protect widowes [...]and maidens; restore children to their right: repossesse such persons as were without iust cause exiled, and withall his force maintaine the Christian faith.

[Page 56] That he should be a Champion for the weale publique, and as a Lion repulse the enemies of his countrey.

That he should aduance the reputation of honour, and suppresse al vice, releeue people afflicted by aduerse fortune, giue aide to holy Church, and protect pilgrimes.

That he should bury Souldiers that wanted sepulture, deliuer prisoners, ransome captiues, and cure men hurt in seruice of their countrey.

That he should in all honourable actions, aduenture his person, yet with respect to iustice and trueth, and in all enterprises proceed sincerely, neuer failing to vse his vttermost force of body, and valour of minde.

That after the atteyning of any enterprise, he should cause it to be re­corded, to th'end the fame of that fact might euer liue, to his eternall ho­nour, and renowne of the Noble order.

That if any complaint were made at the Court of this mighty King of iniury, or oppression, then some knight of the Order, whō the king should appoint, ought reuenge the same.

That if any knight of forraine nation did come vnto the Court with de­sire to challenge, or make shew of his prowesse, that then (were he single, or accompanied) these knights ought be ready in Armes to make answere.

That if any Lady, Gentlewoman, Widow, Maiden or other oppressed person did present a petition declaring they were, or had bene in this or other nation iniured, or offered dishonour, they should bee gratiousty heard, and without delay, one or more Knights should bee sent to make reuenge.

That euery Knight should bee willing to enforme yong Princes, Lords and Gentlemen in the orders, and exercises of Arms, therby not only to a­uoid idlenes, but also to increase the honor of Knighthood and Chiualrie.

Diuers other Articles inciting to magnanimious Action of honour in Armes these Knights were sworne to obserue: which for breuitie I o­mit. Neuerthelesse (being vsed to lose my labour) I aduenture to say this little: and the rather, because this order of knighthood is ancient and English.

I doe not read of any robe or habit prescribed vnto these Knights, nor with what ceremonie they were made.

Their place of meeting and conuocation was the city of Winchester, where king Arthur caused a great round Table to be made, and at the same the Knights at the feast of Pentecost, did sit and eat. The proportion there­of was such, as no roome could be thought of more dignity then the rest. Yet (as some writers say) one seat thereof was called, the Sea perilous, re­serued for that Knight that did excell the rest in vertue. That place by con­sent of all the Knights was allotted vnto King Arthur, who for his valour surpassed other professors of Armes.

Of officers and ministers belonging vnto this Order, I doe not read, but of a Register, whose duty was to enter and keepe records of all and euery action, enterprised, attempted, or performed by any or all these Knights; which records were read and sung publikely to the eternizing of their ho­nour and fame.

[Page 57] Whether the number of these Knights were many or fewe, I doe not find, but it seemeth imparted to a great many, all persons of high dignitie or much prowesse. For at a city called Carlion, resorted vnto king Arthur at one time, ten kings and thirteene Earles, besides many Barons and other Knights of meaner title.

As the conquests of this King were many, so was his bounty notable: for it is written, that vnto his chiefe Seneschal or Steward called Kay, hee gaue the prouince of Anjou, on his Butler Bedwere he bestowed Norman­die, and to his cousin Berell he granted the Dutchie of Burgundie, and vn­to many other Lords and valiant Knights, he allotted other magnificent gifts, according to their vertue and merit.

Some men haue surmised, that the successe of king Arthurs prosperous proceeding in his enterprises, was occasioned by counsell of one Merlin, a man in that time reputed a Prophet.

King Arthur hauing all his youth found fortune his friend, was notwith­standing at length deceiued by the treason of one Mordred his owne cou­sen, to whome (during his absence out of England) he had committed the gouernment.

He was also at a city called Augusta encountred of the Romans and Sa­racens, conducted by a Consul called Lucius: neuerthelesse Arthur by his great valour slew Lucius, and forced his Romanes to flee. In that battell al­so were slaine fiue Saracen kings.

After this victorie, Arthur returned into England, and fought with Mordred. In which conflict died Gawen a Noble Knight and cousen to king Arthur. Also in landing, Aquisel king of Scots was slaine; But not­withstanding the losse of these valiant Knights, king Arthur landed, and Mordred fledde to London: where the Citizens would not suffer him to enter the City. Then he went into Cornewall, where Arthur did slea him, and he himselfe was mortally wounded. So great a slaughter had neuer ben before that day seene.

After this conflict, king Arthur was neuer found aliue, or dead: but (as some Poets haue supposed) was taken vp into the firmament, and remai­neth there a Starre among the nine Worthies; which fancie is founded vpon the prophecie of old Merlyn, who many yeeres before affirmed, that Arthur after a certaine time should resuscitate, and come vnto Carlion to re­store the round Table. There he wrote this Epitaph: ‘Hic iacet Arturus, rex quondam, rex (que) futurus.’

CHAP. 6.
¶How enterprises aduenturous ought be admi­red, but not discredited.

TRue it is, as hath bene formerly said, that many enterprises in times past attempted and atchieued aboue the expecta­tion of men, are now thought rather fabulous then faithful­ly reported: either because we that now liue did not know, or see them, or that ignorant men cannot conceiue howe they might be done, or that want of courage doth disable them to take the like actions in hand. Yet most certaine it is, that diuers histories common­ly reputed vaine fables, were at the first begun vpon occasion of matter in effect true, although some writers afterwards, to shew the excellencie of their inuention, or make their workes more vendible, haue added many fancies and fictions which are not indeede worthy to bee beleeued. And who so shall well consider how difficult a thing it is to write an history of so great trueth and perfection, as cannot be controlled, will easily excuse these writers that haue taken in hand matter so farre from our knowledge and vnderstanding. For like vnto all other men, mooued with loue, hate, profit, or other priuate passion, they are either willing or ignorantly indu­ced to encrease or extenuate the actions and merits of those men, of whom their histories haue discoursed. How soeuer that bee, I verely thinke the Acts and enterprises of Vlysses, Aeneas, Hector, and other famous captaines (of whome Poets and profane Writers haue written so many woonders) were indeed of notable men, and some part of their doings such, as writers haue made mention. Much lesse doe I doubt, that some egregious acts at­chieued and written in the bookes of Amadis de Gaule, Ariosto, Tasso, King Arthur of England, and such others doe containe many things, which de­serue not to be discredited. But omitting to meddle with time so long since past, and with countreys so farre from our Climate, wee will remember some few Actions which worthy men of our owne Nation or our neigh­bours (as that of Hernando Cortez, Pisarro, and others) haue (within our knowledge) to the eternizing of their fame and honour, perfourmed. The greater part of which enterprises haue bene atchieued in this present age, and shall no doubt hereafter (when men are lesse industrious) be thought rather fabulous, then matters credible.

Let vs therefore say no more of matter so long before our dayes, and begin with actions notable performed by men of our owne Countrey, and they (for the most part) persons of such qualitie, as were not forced with distresse, but with desire to aduance the honour of their Countrey. Wee reade in Authors worthy credit, that at one time twentie thousand Soul­diers [Page 59] of this most noble Iland (then called great Britaine) traueiled from hence vnto Iudea, and vnder the Emperours Vespasian and Titus, serued at the siege and sacke of Ierusalem. The like enterprize was long after taken in hand by King Richard the first, who in his owne person traueiled to recouer the same Citie from the Saracens. The voyages and marueiles which Sir Iohn Mandeuile reporteth, are accompted of many men rather fables then reports of trueth, yet of late yeeres, some Sailers euen of our owne nation, haue found by experience they ought not to be discredited. Who would haue thought it possible to passe securely into Syria, Persia, Media, and other farre countreys in the East and Southeast, vntill M. Anthony Ienkinson, (a gentleman yet liuing, and worthy beleefe) performed those, and other right notable Voyages? It is also certaine that Thomas Windhame a gentle­man well borne and worshipfully descended, sailed from thence to Guinea, and the kingdome of Benin, and since that time Captaine Fenner perfor­med the same iourney, so farre as the Ilands of Capo verde. All which Voy­ages with many other were made by Princes, or persons of reputation, to­ward the South and Southeast.

The like may be said of Voyages of latter time towards the North, and Northeast Regions performed by sir Hugh Willowby, M. Ienkinson aforesaid, M. Christopher Burrow and others.

Of voyages towards the West and Southwest countreys, who hath not heard the Nauigation of sir Iohn Hawkins to Brasill, and the West Indias, of Roger Bodname gentleman to S. Iohn Vllua in the Bay of Mexico, of sir Francis Drake to Nombre de Dios, sir Martin Furbisher to Meta incognita, sir Hum­frey Gilbert to the coast of America, sir Richard Greeneuile to Virginia, M. Iohn Dauis gentleman his discouery 200. leagues beyond sir Martin Furbisher to the Northwest? I omit to make mention of many Merchants, Nauiga­tors, and simple Sailers of our land, that haue not onely attempted, but al­so performed marueilous actions, to vulgar people and vnskilfull thought impossible. Yet is it now publiquely knowen that sir Francis Drake, and af­ter him Thomas Candish esquier, (a yong gentleman scarcely knowne to Sailers) within the space of two yeeres and three moneths, effected a iour­ney about the Globe of the whole earth: an action no doubt, worthy all admiration, and such as before that time had neuer bene performed.

Here might we also insert how the mightie and formidable Armada of Spaine, was by her Maiesties Nauie (conducted by the Earle of Nottingham) vanquished Anno 1588. being in forraine Nations thought vnresistable. And more lately the most noble and resolute assault and sacke of the Citie [...]. Cales, and other strong places of Spaine was executed by the vertue, and excellent valour of his said Lordship, and the Earle of Essex, lately high Marshal of England. To these we may also adde the late, and last, (yet not the least) victorie gained by the noble Earle of Cumberland, who by his proper vertue, and at the particular charge of him and his friends, assaulted and possessed the Isle of S. Iohn de Porto Ricco, a place both by nature and art reputed impregnable. These and other notable aduentures and victo­ries were aboue the common opinion of men, attempted, and atchieued [Page 60] by worthie and excellent Captaines of our countrey: and the chiefe of them within the raigne of our sacred Soueraigne, by whose counsell and princely prudence they were begun and ended.

Magna non possumus, quia nos posse, non credimus.

CHAP. 7.
The office and dutie of euery Knight and Gentleman.

FIrst it behooueth him to feare God, and with all his power to maintaine & defend the Christian faith.

To be charitable, and comfort those that are af­flicted.

To serue faithfully, and defende his Prince and countrey couragiously.

To forgiue the follies and offences of other men, and sincerely embrace the loue of friends.

To esteeme trueth, and without respect maintaine it.

To auoide slouth and superfluous ease.

To spend the time in honest and vertuous actions.

To reuerence Magistrates and conuerse with persons of honour.

To eschew riot and detest intemperancie.

To frequent the warre, and vse militarie exercises.

To eschew dishonest pleasures, and endeuour to doe good vnto others.

To accommodate himselfe to the humour of honest company, and be no wrangler.

To shunne the conuersation of peruerse persons, and behaue himselfe modestly.

To be sober and discreet, no boaster of his owne actes, nor speaker of himselfe.

To desire no excessiue riches, and patiently endure worldly calamities.

To vndertake enterprises iust, and defend the right of others,

To support the oppressed, and helpe widowes and Orphans.

To loue God, and be loyall to his Prince.

To preferre honour before worldly wealth, and be both in worde and deede iust and faithfull.

CHAP. 8.
Of honourable ornaments due vnto men of vertuous merit, who were euer after called Knights.

IN ancient Histories it appeareth that the old Romanes did giue rings of gold vnto men of qualitie, seruing in the war, whom afterwards they called Equites. Such rings the Sena­tors vsed also to weare, whereof may be inferred that knight­hood and ensignes of honour were giuen as well for Coun­sell, as Militarie merit. Cicero seemeth to say that Captaines generall had in vse (after euery victory) to make an Oration vnto souldiers, commen­ding their vertue: and to those men that serued with much valour were gi­uen rings of gold.

We read likewise in holy Scripture that king Pharaoh in signe of honor did take a ring from his owne finger, and gaue the same to Ioseph.

Some Princes also intending to honour their seruants and souldiers did bestow vpon them spurres of golde or guilded: in signe they were men of vertue, and professors of Armes on horsebacke: for spurres are onely pro­per to souldiers of that sort, and so it appeareth by the signification of the latine word Eques, and likewise by the terme Caualiero, ordinarily vsed of the Spaniards and Italian.

In old time (as a token of honour and aduancement) Princes did be­stowe girdles and swordes. And the lawe Ciuill seemeth to note that the girdle signified administration or dignitie, and whosoeuer did loose that girdle, should also forfeite all priuiledges which the lawe alloweth vnto souldiers. A sword was alwayes hanging at the girdle, and the hilts there­of either of golde or g [...]lt. Hereof it commeth that Princes in creating a Knight, doe either gird him with a sword, or with a sword touch him on the head or shoulder, thereby to signifie that as with the sword he is crea­ted a Knight, so with the sword he ought to defend the Prince and coun­trey that did create him, without feare of death or other daunger. Hiera­mias with his right hand deliuered a sword vnto Iuda, and in the name of God made him a Knight, saying, Receiue this sacred sword sent from God, wherewith thou shalt vanquish the enemies of Israel.

It hath bene also a custome ancient, that Princes did giue collars as a singular demontration of fauour and honour.

Plinie reporteth that the Romanes did giue vnto their confederates a collar of gold, and to their owne citizens a collar of siluer.

When Manlius in single combat had slaine a French man, hee tooke [Page 62] from him a collar of golde, all bloodie, and put the same about his owne necke in token of victorie. After which time, he was surnamed Torquatus, because Torques in the Latine signifieth a collar or chaine.

The Emperours in like maner bestowed collars vpon Captaines and o­thers that serued in the warre, and deserued commendation.

In some Histories may be found, that collars were of two sorts: the first called Duplares, th'other Simplices. And with those collars the Emperours (for the most part) did giue prouision of money or vittaile: to some more, to some lesse.

For these reasons and by these examples it appeareth, that among the ensignes and ornaments of Honor and Armes, the great Collar is of high­est reputation.

It is also seene that Princes soueraigne, doe at this day bestow chaines or small collars vpon men of vertue or fauour, and in token thereof (for the most part) a picture or modele of the giuer is thereat pendant; which Col­lat the Knight or Gentleman that receiueth it, ought carefully to keepe during his life.

The ancient custome was, that Knights of meane degree, and such as were not of the great Orders (whereunto particular habits are assigned) should in signe of honour weare a garment of scarlet, because red repre­senteth fire, the most noble element, and (next vnto the Sunne) of most brightnesse. It was therefore among the olde Romanes decreed, That no man should weare any habit of that colour, but only Magistrates and men of dignity. Red doeth also betoken boldnesse, magnanimitie, and ardent loue with charitie. The element of fire is also assigned to Mars, in respect whereof that colour is most proper to Knights, Captaines, and all other professours of Armes.

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CHAP. 9.
Knights of the Garter.

EDward the third King of England, after hee had obtained many great victories of Iohn the French King, and Iames King of Scotland, both prisoners in the Realme at one time, Henry King of Castile the Bastard expulsed, and Don Pedro restored by the Prince of Wales, did first erect this order in his king­dome Anno 1350. vpon no waightie occa­sion, as is reported. Notwithstanding the same is, and long hath bene in so great reputation, as Emperors, Kings and Prin­ces, haue and doe desire to bee companions thereof for their greater honour.

The patron of this Order is S. George, vnto whom it was first dedicated.

The Soueraigne of this Order is the King of England, his heires and successors for euer.

The number of this Colledge of fellowship is 26. Knights with the So­ueraigne, and when any of them die, another is chosen by consent of those Knights that liue.

The habit of these Knights is an vnder garment, or gowne of Crimsin veluet, of some called ak [...]rtle, ouer which he weareth a mantle of Purple veluet lined with white sarsnet, on the left shoulder thereof is embroidred in a Garter an Eschuchion of S George, and ouer his right shoulder hang­eth his hood of Crimson veluet lined with white, the Cordons to the mantle are purple silke and gold.

Aboue all which, about his necke he weareth the collar of the order, be­ing of pure gold, made of garters and knots, and enamiled with roses white and red, weying 30. ounces of Troy weight, with the image of S. George, richly garnished with precious stones, pendant thereat.

About his left legge he weareth buckled a garter enriched with gold, pearle and stones, whereupon these French words are embrodered, HONY SOIT QVI MAL Y PENSE. Which may be thus Englished, Shame be to him that euill thinketh.

The custome was long that these Knights did yeerely hold a feast at the Castle Windesor, where the same King Edward founded a Church, and gaue vnto certaine Priests and Prebends large stipends to serue there. And he ordained also that thirteene poore aged and decayed Gentlemen by the [Page 66] name of poore Knights were there for euer to be maintained and kept, in­uested in gownes and mantles of cloth onely, sutable with those of the Or­der, to pray for the prosperity of the Soueraigne and his successors, and all other Knights of the said noble Order.

It is not publiquely knowen what mooued the King to make this order: but thus it is vulgarly reported, that King Edward dauncing with the Queene and other Ladies of his Court, hapned to take vp a blewe garter which fell from one of them, and of some said from the Countesse of Salis­burie (of whom the King was then enamored) which garter the King af­terwards wore about his left legge for a fauour. The Queene taking some offence thereat, it was signified vnto the King by some of the Lords the cause of her displeasure, at which he smiling sayd, HONY SOIT QVI MAL Y PENSE. I will make of it yet it be long the most honourable Garter that euer was worne, and thereupon instituted the order of the Garter.

Some rather thinke it was made to remunerate those Noble men and Knights, that had best endeuoured and deserued in his most Royall and Martiall affaires of France, Scotland and Spaine, with all which Nations he then had warre and triumphed.

The Statutes of this great Order, for that they are sufficiently knowen, I here omit.

CHAP. 10.
Of Knights Bannerets.

OTher degrees of Knighthood there are in England: but be­cause they we are no garment, badge or signe to distinguish them from other gentlemen, they are not knowen to stran­gers, yet among our selues we know them right wel, because euery one hauing such dignitie, is called Sir: As Sir Thomas, Sir Iohn, Sir William, Sir Simon, &c. But first of Knights Bannerets.

A Knight that is to receiue this honour, shalbe led betweene two other Knights before the King or Generall, bearing his Pennon of Armes in his owne hand: and in presence of all the Nobilitie and other Captaines, the Heraulds shal say vnto the King or his Generall these words folowing, viz.

May it please your grace to vnderstand, that this gentleman hath shew­ed himselfe valiant in the field: and for so doing, deserueth to be aduanced vnto the degree of a Knight Banneret, as worthy from hencefoorth to beare a Banner in the warre.

Then the King or Generall shal cause the points of his Pennon or Guydon to be rent off. And the new Knight shal goe vnto his tent, conducted be­tweene two other Knights, the trumpets sounding all the way before him, there to receiue sees: viz. to the Heraulds three pound sixe shillings and viij pence. And if he were before a Knight Bachelour, then is he to pay also vnto the Trumpets twenty shillings. I suppose the Scots doe call a Knight of this creation a Bannerent, for hauing his Bannerrent.

Here is to be noted, that no Knight Banneret can be made, but in the warre, and the king present: or when his Standerd royall is displayed in the field.

A Banneret thus made, and euery estate aboue him, may beare his Ban­ner displayed, if he be a Captaine: and set his Armes therein as Barons do.

CHAP. II.
Knights of the Bath, according to the ancient vse.

WHen an Esquier commeth to the Court to receiue this Or­der of Knighthood, in time of peace, according to the cu­stome of England, he shall be very nobly receiued by the officers of the Court, as the Steward of Chamberlane, if they be present, or otherwise by the Marshals and Vshers, and there shall be ordayned two Esquiers of honour, wise, and well learned [Page 70] in courtesie and nurture, as also in feates of Chiualry: and they shall be Esquiers and Gouernours of all which pertaineth to him, who receiueth the order abouesaid: and if the Esquier doe come before dinner, hee shall serue the King of water, or with a dish at the first course onely, and then the Esquiers gouernours shall leade the Esquier that is to be Knighted, in­to his chamber without any more adoe, at that time, and towards euening the Esquiers gouernours shall send for a Barber, and hee shall prepare a Bath, decked with linnen, aswell within the Tubbe, as without, and that the tubbe be well couered with carpets and mantels for the colde of the night, and then the beard of the Esquier shalbe shauen, and his haire roun­ded. This done, the Esquiers gouernours shall goe to the King and say, Sir it is euening, and the Esquier is readie at the Bathe, when it shall please ye. Whereupon the King shal command his Chamberlaine to conuey to the chamber of the Esquier the most gentle and wisest Knights that are then present, to enforme, counsell, and instruct him in the order and feates of Chiualrie, and likewise that the other Esquiers of that house with minstrel­sie doe goe before the Knights, singing, playing, and dancing to the cham­ber doore of the said Esquier.

And when the Esquiers gouernours doe heare the noyse of Musicke, they shall vncloth the Esquier, and put him naked into the Bath. But at the entring of the chamber the Esquiers gouernours shall cause the musicke to cease, and the Esquiers also for a time. This done the Knights shall enter into the chamber still without making any noyse, and then the Knights shall doe reuerence one to the other, who shall be the first to counsell the Esquier in Order of the Bath, and when they are agreed, then the first shal go to the Bath, and kneeling downe before the tubbe shal say secretly, Sir, great honour may this Bath be vnto you, and then he sheweth him the ma­ner of the Order that best he can, and then putteth some of the water of the Bath vpon the shoulder of the Esquier, and taketh leaue, and the Esquiers gouernours shall attend on each side of the Bath themselues, and after that same maner shall all the other Knights do, one after another, till they haue all done, and then the Knights depart out of the chamber for a season. This done, the Esquiers gouernours doe take the Esquier out of the Bath, & lay him in his bed, till he be dry, which bed ought to be simple without curtens, and being dry, he shal rise out of his bed and apparelled somewhat warme because of the coldnes of the night, and ouer all his apparell he shal weare a coat of Russet cloth with long sleeues, after the manner of an Hermit, with an hood. The Esquier being out of the Bath and made readie, the Barber shall take away the Bath, and all that is about the same, aswell with­in as without, and take them for his fees, and likewise the Coller if hee be an Earle, Baron, Banneret or Bachelor Knight, according to the cu­stome of the Court. This done, the Esquiers gouernours shall open the chamber doore, and let the Knights enter in, to leade the Esquier to the Chappell. And when they are entred, the Esquiers singing and dauncing shall be brought before the Esquier with their melodie to the Chappell. And when they are entred into Chappell, then spices and wine shall be giuen to the sayd Knights and Esquiers. And the Esquiers gouernours [Page 71] shall lead the Knights before the Esquier to take their leaues. And he shall thanke them altogether for their trauell, honor and courtesies. And so they depart: after whom the Esquiers gournours shall shut the doore, and let no man tarie in the Chappell, except the Esquiers his gouernours, the Priests, Chandler, and Watch. And so he shall remaine in the Chappell till it be almost day, alwayes in prayer, desiring God to blesse and increase his grace in him, to giue him power and comfort to take this high tempo­rall d [...]gnitie, to the honour and prayse of him, the holy Church, and order of Knighthood. And when day appeareth they shal cause the Priest to say prayers, and communicate if he will. And from the entring of the Chap­pell doore hee shall haue a candle of waxe borne before him. Prayers being begunne, one of the Gouernours shall holde the candle before the Esquier till the reading of the Gospell, and then the Esquier shall hold it himselfe till the Gospel be ended, and then it shall be set before him till all the Seruice be ended. Then one of the gouernours shall take away the hood from the Esquier. And when the Gospel is read, the Esquier shall kneele downe and offer money in the honour of God, and him that shall make him Knight. Then the Esquiers gouernours shall leade him into his chamber, and lay him in his bed till it be farre day. And whilest hee resteth in his bed he shalbe couered; that is to say, with a couerlet of gold, called Sigleton, and the same shall be lined with Kersie. And when it seemeth good to the Gouernours, they shall goe to the King and say vnto him: Sir, when it pleaseth your Grace our Master shall rise. And then the King shall commaund the Knights, Esquiers, and Minstrels, to goe to the chamber to cause him rise, and to make him ready, and to bring him before him in his Hall. But before their entring and noise of musicke heard, the Esquiers shall make all things ready for the apparelling of him. One Knight shall giue him his shirt, another his hose, the third his dublet, another shall apparell him in a kertle of red Tartar. Two other shall lift him out of his bed: two others shall put on his blacke netherstockes soled with leather: two other to lace his Manches: another to girde him with a girdle of white leather without any studs: another shall combe his head: another shall put on his coife: another shall giue him a Mantle of silke, and Kertle of red Tartar, laced with a white silke lace. But the Chandler shall haue for his fees all the garments and others wherewith he was clothed at the first entrie, and also the bed and Sigleton; for which fees, the Chandler of his owne expences shall finde the coife, gloues, girdle, & lace. Then the Knights shall mount on horsebacke, and conduct him to the Hall, the musicke playing before him, his horse sadled with blacke leather, the Arson white, stirrop leathers blacke, and stirrops gilt, the pectorel of blacke leather with a crosse paty of gold, hanging before the horse feete, and without a crouper: the bridle of blacke leather with a crosse paty on the forehead: and then a yong Esquier to ride before him without a hood, who shall beare his sword by the point with the spurres hanging at the hilts, which are white, studded with blacke, and a white leather girdle without any studdes. When they come to the Kings Hall, the Gouernours and Marshals shalbe ready to meete him, and at his alighting the Marshall shall haue his horse, or else 100. sh. for his [Page 72] see, he shall be brought to the vppermost table in the Hall, and there tarie till the Kings comming, the Knights on each side of him: and the young man holding his sword betweene the two Esquiers. And when the King commeth into the Hall, and looketh on the Esquier, ready to take the high Order of temporall dignitie, he shall demand the sword, and the spurres, and the Chamberlaine shall take the sword and the spurres from the yong man, and shall shew them to the King, & then the King shall take the right spurre and shall deliuer it to the most noble Lord, saying, Put this vpon the Esquiers heele: and he kneeling on that one knee, shall take the Esquier by the right legge, and put his foote vpon his knee, and make fast the spurre to his right heele: and the Lord shall make a crosse on the knee of the Es­quier, and kisse him. This done, another Lorde shall come and fasten the spurre to the left foot in the same manner. And then the King of his great curtesie shall take the sword, and gird it about the Esquier: and then the Esquier shall lift vp his Armes on high, holding the Gantlets in his hands betweene his fingers and the thumbes. And the King shall put his arme about the Esquiers necke, and lift his right hand vp, and smite the Esquier on the shoulder, saying, Be a good Knight, and then kisseth him. And then the Knights doe leade the new Knight to the Chappell with great melody to the high Altar, where he kneeleth downe and putteth his right hand vp­on the Altar, promising to defend the right of holy Church during his life. And then he shall vngird the sword, and with great deuotion pray vn­to Almightie God that he may keepe the Order which he hath taken vpon him, and accomplish the same to the end, and taketh a drop of wine. And at his going out of the Chappell, the Kings master Cooke is ready to take a­way the spurres, and to haue them for his see, saying, I am come from the King being his master Cooke, to take the spurres from you, and to shewe you, that if you doe any thing against the order of Chiualrie (which God forbid) I will cut away the spurres from your heeles. And then the Knights shall lead him backe into the Hall, and he beginneth the table of Knights, and the Knights shall sit about him, and he shalbe serued as the other are, but he shall neither eate nor drinke nor mooue, or looke here or there, no more then one that is new married. This done, one of the gouernors shall haue a handkerchife in his hand, which he shall hold before his face, when he wil spit or such like: and when the King is risen from the table, and gone into his chamber, then the new Knight shall be led with a great number of Knights and Minstrels before him to his chamber, and at their entring the Knights and Minstrels shall take leaue, and hee shall goe to dinner. The Knights beeing departed, the chamber shall be shut, and that newe Knight shalbe dispoiled of all his abillaments which shall be giuen to the Knights & Heralds, if they be present, or els to the Minstrels, with a marke in siluer if he be a Bacheler Knight, and if hee be a Baron, then double so­much, if hee be an Earle or higher estate alwayes doubled, and the Russet night-cap shall be giuen to the watch, or els a noble in money. And then he shalbe apparelled in a blew gowne, with the Manches open in the ma­ner of a Priest, and hee shall haue at his left shoulder a lace of white silke hanging, which he shall weare vppermost on his garment, so long till hee [Page 73] haue gained honour in Armes: and be recorded by some noble Knights, Esquiers, and Heralds of Armes for some memorable deeds done by him, as hath bene said before, or by some noble Prince, or noble Lady, which may cut away the lace from the Knights shoulder, saying, Sir, wee haue heard much of your renowne, and what you haue done in diuers places to the great honor of Chiualrie, for your selfe and him that made you Knight: therefore reason would that this lace should be taken frō you. But after din­ner the Knights and gentlemen doe come after the Knight, and doe bring him to the Kings presence, and the Esquiers gouernours before him. And when the newe Knight commeth into the Kings presence, he shall kneele downe before him, saying, Most noble and renowned Sir, I do thanke you for al the honors, courtesies and goodnesse which you haue done vnto me. And so he taketh leaue of the King. And then the Esquiers gouernours do take leaue of their Master, saying, Sir, we haue accomplished the cōmande­ment of the Kings as he charged vs, to the vttermost of our power, wherein if we haue displeased you, through negligence, or deed, during the time, we desire pardon. On the other side, Sir, according to the custome of the Court and ancient Kings: we demaund Robes and fees for terme of life, as Esquiers of the King, and companions vnto Bachelors Knights, and other Lords.

CHAP. 12.
Knights Bachelors.

FIrst it is to be remembred, that no man is brone a Knight of any title, but made, either before a battell, to encourage them to aduenture their liues, or after the fight, as an aduancement for their valour then shewed: or out of warre for some notable seruice done, or some good hope of vertues that do appeare in them.

These Knights are made either by the King him­selfe, or by his commission and royal authority giuen for that purpose, or by his Lieutenant in the warres, who hath his royal and absolute power for that time. And this order may bee resembled to that which the Ro­manes, called Equites Romanos, differing in a sort, but in some other sort doeth agree with it: for seldome in all points one Common wealth doeth agree with another, nor long any State accordeth with it selfe. Equites Ro­mani were chosen ex Censu, which is according to their substance and ri­ches; Euen so be Knights in England for the most part, according to the yeerely reuenue of their lands, being able to maintaine that estate: Yet all they that had Equestrem Censum were not in Rome Equites: no more are all [Page 74] Knights in England that may dispend a Knights land, or fee, but they one­ly to whom it pleaseth the King to giue that honour. In Rome the number of Equites was vncertaine, and so it is of Knights in England, at the pleasure of the Prince. Equites Romani had Equum Publicum, but the Knights of England finde horses themselues, both in peace and warre: Census Equester among the Romanes was at diuers times of diuers value, but in England, whosoeuer may dispend of his free lands fourty pounds starling of yeerely reuenue, by an old Law, either at the Coronation of the King, or mariage of his daughter, or at the dubbing of the Prince, Knight, or some such great occasion, may be by the King compelled to take that order and honour, or to pay a fine: which many rich men, not so desirous of honor, as of riches, had rather disburse. Some also, who for good respect are not thought worthy that title, and yet haue abilitie, neither be made Knights though they would, and yet pay the fine of fourtie pounds sterling, which (as siluer is now prised) is 120. pound currant money. Where of this word Knight is deriued, or whether it signifieth no more then Miles doeth in Latine, which is Souldier, I know not. Some hold opinion that the word Souldier doeth betoken a waged or hired man to fight. Caesar in his Commentaries called Souldiers, men deuoted and sworne by band or oath to serue the Captaine, which order if the Almanes did follow, it may be, that they who were not hired, but being of the Nation vpon their owne charges, and for their aduancement, and by such common oath and band that did follow the warre, were (perhaps) called Knights, or Milites: and now a­mong the Almanes some are called Launce-Knights, as Souldiers not hired, although they be wel-neere all hired. Or it may be that they who were next about the Prince, as his Guard and seruants, picked, and chose men out of the rest, being called in the Almane tongue Knighten, which is as much to say as dayly seruants, being found of good seruice, the word after­wards was taken as an honour, for one that professeth Armes. Now our language is so altered, that hard it were to giue iudgement thereof▪ But sure it is, we in our English doe call him Knight, whom the French do call Cheualier, and the Latine Equitem, for Equestris ordinis. Touching the ma­king of these English Knights, the maner is this. Hee that is to be made Knight, is stricken by the Prince with a sword drawen vpon his backe, or shoulder: the Prince saying Soys Cheualier, and in times past, was added, S. George. And when the Knight riseth, the Prince saith, Auance. This is the maner of dubbing Knights at this present: and that terme dubbing was the old terme in this point, and not creating. These sorts of Knights are by the Heralds called Knights Bachelers.

CHAP. 13.
The Ceremonies in the degradation of Knights in England.

IT seemeth that the degradation of Knights hath bene vsed onely for offences of greatest reproch and disho­nour: which I conceiue partly by the rarenesse of such actions, and partly for that the men bereft of that dignitie, were not onely degraded, but also by law executed. As in the raigne of King Edward the fourth it appeared a Knight was degraded in this sort.

First, after the publication of his offence, his gilt spurres were beaten from his heeles, then his sword taken from him and broken: That being done, euery peece of his armour was bruised, beaten and cast aside. After all which disgraces, he was beheaded.

In like maner: Andrew of Herklay a Knight and Erle of Carlile, was in this sort disgraded. He being apprehended, was by the Kings commandement brought before sir Anthony Lucie, anno 1322. apparelled in all the robes of his estate, as an Earle and a Knight, and so led vnto the place of iudgement. Being thither come, Sir Anthony Lucie saide vnto him these words: First thou shalt loose the order of Knighthood, by which thou hadst all thine honour: and further all worship vpon thy bodie be brought to nought. Those words pronounced, Sir Anthony Lucie commanded a knaue to hew the Knights spurs from his heeles, & after caused his sword to be broken o­uer his head. That done, he was dispoiled of his furred Tabord, of his hood, of his furred coats, and of his gird [...]e. Then Sir Anthony said vnto him these words, Andrew, now art thou no Knight, but a knaue, and for thy treason the King doth will thou shalt be hanged.

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CHAP. 14.
Knights of the Toizon D'or, or golden Fleece.

THE Knighthood of the Toizon was institu­ted by Philip (surnamed the good) Duke of Burgundy, and Earle of Flanders in the yeere of our Lord, 1429. being mooued thereun­to with deuoute zeale that he had to vnder­take the conquest of the holy land, albeit his valerous determination tooke none effect, by reason of many alterations and losses which hapned vnto the Christians in the East at that time. Hee elected for Patron of this Order, the Apostle S. Andrew.

The Soueraigne of this Order is he vnto whom the Dukedome of Bur­gundie doth lawfully descend.

The number of these Knights first elected were foure and twenty, be­sides the Soueraigne, all men of Noble blood without reproch, and of vertuous merit.

The habit is an vnder garment of Crimson veluet, with a mantle of the same, lined with white, it openeth on the right side, and in the wearing is turned vp on the left shoulder, it is richly embrodered round about with a border of flames, fusils and fleeces. The hood of crimson veluet the Knights we are on their heads as by the figure appeareth.

The Collar of this Order, is of gold wrought of flames and fusils with the Toizon hanging thereat. The Soueraigne hath authoritie in himselfe absolutely to giue, and bestow the same at this pleasure. This Collar, or the Toizon, euery Knight is bound to weare dayly, or failing, shall incurre a penaltie. But in time of warre, or vrgent affaires, to weare the Toizon only shall suffise. Or if by mishap the Collar doe breake, it is permitted for mending thereof, it may be carried vnto a goldsmith. Or if any Knight trauelling by the way shall feare to be robbed, he may lay the Collar aside. Yet it is not lawfull to increase the quantitie of the Collar, nor adde there­unto any stones, or workemanship, and most vnlawfull it is to sell it, or change it.

Whosoeuer entreth into this Order, mustrenounce all other Orders of Knighthood, of euery Prince, Company or Religion; yet out of that law are excepted all Emperours, Kings and Dukes, vnto whom it is dispensed [Page 80] that they may weare the Ensignes of this Order, if they be chiefe and So­ueraignes of their owne Order. Yet to the end the trueth may appeare, a Councell of Knights shall be called to consent vnto that dispensation.

These with other Statutes and Ordinances the Knights of this great Or­der are sworne to obserue and keepe. And many of them haue bene, since the first institution, enlarged, altered, ortaken away by the Soueraignes.

The day of assembly for these Knights, was at the beginning appointed on the feast day of S. Andrew, but since altered vnto the second of May, and that but once in three yeres; vnlesse it pleaseth the Soueraigne other­wise to command.

To this Order doe belong foure principall officers, Viz. A Chancellor, a Treasurer, a Register, and a king of Armes named Toizon D'or.

To this Order also appertaineth an Impreze: the inuenter thereof was Charles Duke of Burgundie: whose high valour brought Lewys the xj. king of Fraunce vnto great trouble, as Monsieur d' Argenton writeth.

The said Impreze or deuice was an Instrument made to strike fire, called an Ansill, with these words, Antè ferit, quam flamma micet: meaning, he had power to kindle great trouble before it were perceiued, yet was the euent vnhappy: for in the warre against Lorayne and the Suysses, after the defeare of Morat and Granson, his forces were vtterly ouerthrowen, and his person slaine before Nancy, the Euen of the Epiphany. Whereupon Renato Duke of Lorayne being victorious, and seeing the standerd of Duke Charles with the Impreze of the Instrument of fire, sayd, That vnfortunate Prince when he had most neede to warme him, lacked leisure to strike fire: which speech was pithie; and the more, because the earth was then couered with snow, and by reason of the conflict, full of blood. At that time was the greatest frost and cold that any man liuing could remember.

The Toizon which these Knights doe weare hanging at their Collar of Order, is the forme of a golden fleece, which Iason woon at Colchos: others do suppose it to be the fleece of Gedeon, whereof the holy Scripture maketh mention; which signifieth Fidel [...]ie, or Iustice vncorrupted.

The number of these Knights was much encreased by the Emperour Charles the fifth; who hauing the dukedome of Burgundie, elected into that Order persons of greater Title then were at the beginning, and comman­ded the election should be by consent. After him, King Philip of Spaine did the like.

CHAP. 15.
Knights of S. Michael.

IN the yeere 1469. Lewis the xj. French King erected an order of Knighthood whereinto himselfe with others the most principall Peeres of France did enter. It is said, the oc­casion which moued the King to intitle this Order with the name of S. Michael, was the memory of an apparition of that Saint vpon the bridge of Orleance, when that Citie was besieged by the English, at which time liued a certaine mayden called Iohan, a woman of so rare wit and valour in Armes, as was repu­ted more then a mortall creature, or rather some enchantresse of singular knowledge.

This Order is ornified with a great Collar, whereat the Image of S. Mi­chael hangeth. The words thereon set, are these: Immensitremor Oceani.

The Soueraigne of this Order is the French King and his successors.

The number of Knights to be elected into this Order is 36. But of late yeeres that number hath bene much encreased, and thereby the order be­come of small reputation: yet it is said, that the great Collar and Robe is bestowed onely to that number, although the Michael be giuen vnto ma­ny. Howsoeuer that be, sure it is, that th'entent of that King was to make choise onely of the most noble personages of his owne blood, and others, who for vertue and honour were accompted worthy: as by the first electi­on appeareth: who were these.

• KIng Lewis the 11. Soueraigne.
• Charles of Spaine Duke of Vienna.
• Iohn Duke of Burbon and Auerne.
• Luys de Luxemburg, Conte of S. Paul and Constable of France.
• Andre de Laual Lord of Ioheac, Marshal of France.
• Iohn Conte de Sanserre Lord of the Forr [...]t and of Plessis Mace.
• Iohn de Tonteuille Lord of Castiglione.
• Lewis Bastard of Burbon, Conte of Rosiglione and Ad­mirall of France.
• [Page 84] Anthony of Chiabanes, Conte d'Ammartin, and Grand­master of the Kings house.
• Iohn Bastard d'Armignac, Counte of Cominges Marshall of France, and Gouernour of Delfinato.
• George de Trimouille, Lord of Craon Seneshal of Vi­enna.
• Luys Lord de Cursol, Seneshal of Poylon.
• Gilbert de Gabanes Lord of Croitō; Seneshal of Vienna.
• Taniqui de Castello, Gouernour of the Prouince of Rossi­glioni and Sardenna.

The rest of Knights to be chosen into this Order was deferred vntill the the next meeting.

The place of assembly of these Knights, and where their Armes with o­ther Ensignes of Knighthood should be preserued, was appointed to be the Church on Mount S. Michael.

To this Order belongeth a Treasurer, a Chanceller, a Register, and an Herauld named Monsanmichaele.

The feast ordeined for these Knights was on Michaelmas day to bee kept yeerely.

The Statutes appertaining to this Order, are to be seene in the booke, intituled, Les Ordinances de France.

In the raigne of Henry the second French King, the habit of this Order of S. Michael was altered in maner following, as to this day is continued.

First his dublet, hose, shoes, scaberd, with the band of his cap, & feather were all white. His surcoat of cloth of siluer, with the sleeues on. Ouer that hee wore a mantle of cloth of siluer tied ouer the right shoulder, and turned vp ouer the left, it was bordered about with a rich embroidery of cockles and knots; Ouer the right shoulder lay his hood of cloth of sil­uer, spreading ouer his backe, the tippet hanging before, and ouer all, the Collar of the Order of S. Michael.

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CHAP. 16.
¶Knights of the Annunciation.

THis Order was also about the same time be­gun by Amedeo Count of Sauoy, sirnamed I [...] Verde, in memory of Amedeo the first Earle, who hauing valorously defended the Iland of Rhodes against the Turkes, wanne those Arn [...]es which deseruingly are now borne by the Dukes of Sauoy, Viz. Gules a crosse Ar­gent. The Collar appertaining to this Or­der is made of gold, and on it these foure let­ters engrauen, F. E. R. T. which signifieth, Fortitudo eius Rhodum tenuit. At the said Col­lar hangeth a Tablet, wherein is the figute of the Annunciation.

The Church appointed for ceremonies appertaining vnto this Order, is called Pietra, within a Castle in the Diocesse of Belleis, whereunto was giuen (at the foundation of this Order) certaine lands for the sustentation of fif­teene Chapleins.

For continuance of this Order, at the time of the constitutio [...] were made many honourable ordinances to be kept by the Knights presently elected, and after to be elected. The chiefe of them are these following.

First, that he the said Duke and his successour should be Lord and So­ueraigne of the said Order.

That euery brother and companion of the said Order should at all occa­sions fauour, loue, and maintaine one the other: and also defend and pro­tect his person & estate against euery other person or persons whatsoeuer.

That if any question or controuersie should arise betweene two Knights, then they to submit the ordering thereof vnto two or more of the frater­nitie, and after to obserue the same vnuiolated.

That for auoiding of suite in Lawe, whensoeuer any cause of Action was betweene the Knights, then the censuring thereof should be referred vnto foure other companions of the Order, to the end the matter might be determined without charge or expences. And if the question depen­ding were difficult, then the Knights that were to consult there of might call vnto their assistance, two Doctors, m [...]n of approoued honestie and vnder­standing.

That euery Knight at his death should giue towards the maintaining of the said Church an hundreth Florins to be deliuered into the hand of the Pryor for the time being.

[Page 86] That at the death of euery Knight the rest of the companions should as­semble at the Castle of Pietra to bury the dead in good and honourable order, and euery of the said Knights to weare a white gowne, and so make their offering. Or if any of them could not be present, then with what con­uenient speed might be, to come thither after.

That euery Knight at his buriall should giue vnto the Church a Collar, a Banner, his Armour, and coat of Armes, if he be a Banneret; or not be­ing, he ought to giue a Penon of Armes, a Collar, and coat of Armes. All which shall be offered on the day of entertainment at the Church in me­mory of the dead.

That euery Knight should at his owne charges come vnto the buriall accompanied with two seruants, and bring thither foure great waxe Can­dles or Torches, weighing one hundreth pounds.

CHAP. 17.
Knights of S ^t Esprit.

THE Order of S ^t Esprit, was instituted by the right Christian King of France, and Poland, Henrie the third of that name, containing a hundred and fiue Articles. This Knighthood was instituted in the yeere of grace 1578. and in the fifth yeere of his reigne.

It was called the Order of the S. Esprit, for that on the day, and feast of Pentecost, it pleased God (as they say) by the inspiration of the holy Ghost, to v­nite the hearts and wils of the Polish Nobilitie, at an assembly of Estates generall of that puissant kingdome, together with the great Duchie of Li­tuania, to make choise of the said Henry for their King, and afterward vpon the same day, and feast, to call and accept him to the rule and gouernment of that Crowne.

In commemotation whereof with the aduice & consent of the Queene his mother, the Princes of his blood, and other Princes Officers of his Crowne, and Lords of his Councell, he instituted this Militarie Order of S. Esprit to be continued for euer, with all Ordinances and Statut [...] there­in mentioned irreuocable.

The number of persons conteined in the said Order are one hundred, besides the Souereigne, which is euer the King: in which number are com­prehended foure Cardinals, fiue Prelates, the Chauncelor, Prouost, Ma­ster of the Ceremonies, great Treasurer, and Scribe, who are called Com­manders. So that neuer after for any cause or question whatsoeuer, the said number should be augmented, nor vpon the vacation happening of any of the places of the said Cardinals, Prelates, or Officers, any other may be admitted to supply their roome or seruice, vnlesse he be a man of like qualitie and condition.

The oathes, ceremonies, pensions, accompts, and other dueties I leaue to be seene in the printed booke of the Order, where they are discoursed of at large: I onely will set downe the time of their feast, their Officers, the maner of their habits and solemne proceeding, as most fitting and perti­nent to our purpose.

Euery yeere the feast of the Order is celebrated the first day of Ianuary, in the Church of the Augustines in the citie of Paris. And if for the pub­lique affaires of the Realme, the king in person can not be there present, then the feast is to be celebrated, where he shall personally be, and in the greatest Church, where he is to be assisted with the Cardinals, Prelates, [Page 88] Commanders, & other officers of the said Order, except any of them haue commandement by the Soueraigne to the contrary. And as they shall in number repaire to the Court, they are to aduertise the Prouost of the said Order, to the end he may prepare their Escuchions in the Church, where they are to solemnize their Ceremonies, which beginne the Euen of the said day, and where they all accompany the Souereigne from his Pallace to the Church, as followeth, viz.

The Vsner marcheth formost, the Herauld after the Viher, then the Prouost, great Treasurer, and Scribe, the Prouost taking his place between the two others. The Chauncelor goeth alone, the Commanders two and two after their degrees. After whom proceedeth the Soueraigne, or great Master, who is followed of Cardinals, Prelats, and other of the Nobilitie, being of the said Order. The sayd great Master, and Commanders are ap­parelled with long Mantels, made after the fashion of those which are worne the day of S. Michael, of blacke veluet embrodered all about with gold and siluer, the embroderie made of flowers de Liesse, & knots of gold, betweene their sundry cyphers, of siluer, and flambes of gold seamed.

The said great Mantle is also garnished with a mantelet of greene cloth of siluer wrought ouer, with the same manner of embrodery of the great Mantle, and the said Mantle, and mantelet, are both lined with [...]atin of Orenge colour. They weare the said Mantle, turned vp ouer the left side, and the opening ouer the right, according to the paterne, which is here expressed, their hose & d [...]blets are white, their bonne [...]s blacke with white plumes. Vpon the said Mantles, they openly weare the great Colla [...] of the Order, which was giuen them at their reception.

Touching the Officers, the Chauncellour is inuested as the Comman­ders, b [...]t that he hath not the great Collar: hee weareth onely the crosse sowed before on his Mantle, and that of golde hanging at his necke by a blew riband. The Prouost, great Treasurer, and Scribe, haue also Man­tles of blacke veluet, and mantelets of greene cloth of siluer, but they are onel [...] bordered about with flambes of golde, hauing the crosse sowed on their Mantels, and that of gold hanging at their neckes. The Herauld and V [...]her haue Mantels of Sattin, and Mantlets of green veluet, bordered with flambes as those of the other Officers. The sa [...]de Herauld shall carry the crosse of the sayd Order at a Schuchion of Armes ename [...]ed hanging at his necke. And the Vsher the like crosse, but somewhatlesse in forme, then those of the other Officers.

At their returne from the Vespres, or Euensong, the Commanders and Officers, goe to confession to be prepared for the Sacrament, which they are to take the next morning.

The next day the Cardinals, Prelats, Commaunders and Officers, ac­companie the Soueraigne, in like Order and Habilement (as aforesaid) to the Church to heare a solemne Masse, where the Souereigne offereth as many crownes, as he is veeres old, and euery Commander for himselfe one crowne, which offerings are giuen to the Nou [...]ces of the Augustines for their better entertainement and erudition.

The seruice ended, they conduct the Soueraigne to his pallace, wheras [Page 89] the Cardinals, Prelates and Commanders, with the Chancellor of the Order, dine all at one Table. The Prouost, Treasurer, Scribe, Herauld, and V [...]her, at an other Table, and in a place apart.

The hou [...]e of Vespres being come, the Soueraigne, Cardinals, Prelats, Commanders, and Officers, by Order (as is said) wearing Mantels and mantelets of blacke cloth, except the Soueraignes which is of scarlet, or deepe mortey, hauing the crosse of the said Order sowed thereon, goe to the Church to heare the Euensong.

The Herauld of this Order, called King of Armes, at his election ma­king profession of that Religion, is knowen to be a man of good renowme, graue, expert, and fit for such a charge. He hath 400. crownes of the sunne yeerely for his ordinary wages. He is bound to make abooke, in which are truely to be pa [...]nted, the Armes and Creasts of all the Cardinals, Pre­lats, Commanders and Officers of the said Order, and vnder their Armes their names, surnames, signiories, imvlovments, and qualities. And for the same to be done, euery one of the said Cardinals, Prelates and Com­manders, are enioyned to giue him a marke of siluer at their reception. When occasion serueth that he is to denounce, or signifie any message to any of the said Commanders and Officers, he is to report vnto the Soue­raigne in open Chapiter the answere which hath bene made him, and what els he hath learned in his voyage, concerning the good, honour and ser­uice of the said Order.

It is to be noted that this Herauld or King of Armes hath nothing to do with the Order of S. Michael: for there is an expresse Officer for the same: nor either of them both are to meddle with any action of Armes, but such as may precisely concerne their Orders. There are for the Kings seruices (otherwise prouinciall Heraulds which carry their names of the Paire­domes: as N [...]rmana [...], Aniou, Britaine, &c. They haue a Colledge at Parris, where they all meete at the assembly of the States generall, otherwise they abide in their seuerall Prouinces.

The Vsher of the saide Order assisteth the Ceremonies with a Mace, which he beareth on his necke, which is expressely made for the seruice of the Order: he hath 312. crownes of the Sunne Per annum, which is paide him by the Threasu [...]er of the Order: his Office is also to keepe the doore at the Chapiters which are holden, as all other things that belong to his charge. Both the Herauld and Vsher when they are chosen take their oathes, and receiue their eschuchion and crosse at the hands of the Chan­cellor.

These fiue Orders aforesaid, viz that of the Garter in England, that of the T [...]izon in Burgundie, that of S. Michael in France, that of the Annun­ciation in Sa [...]cy, and that of the S. Esprit last erected in France, be reputed most honourable, and are adorned with great Collars, in token they excell all other degrees of Knighthood.

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CHAP. 18.
Knights Templars.

IN the yeere 1117. nine Gentlemen who happened to meete in the Holy land, (of which number was Godfredus Aldemaro Alexandrino, and Hugo de Planco de Paganus) among themselues determined to erect an Association or brotherhood. And being come vnto Ierusalem, they consulted vpon the estate of that countrey, beeing enformed, that in Zaffo (a towne anciently appertaining to the family of Con­tareni in Venice) there remained many theeues that vsed daily to rob such Pilgrims as resorted vnto the holy Sepulchre. They therefore resolued (as a seruice acceptable to God) to hazard their liues in the suppression of those robbers, whereby the way vnto Ierusalem might become secure. And because the Christian armie was then employed in recouery of the Holy land, no order was taken for safe passage. To encourage these Gentlemen in so praiseable an enterprise, a lodging in the Temple of Ierusalem neere vnto the Sepulchre, was appointed; of which place they tooke the name of Knights Templars. Also the King and Patriarch much liking an action so honourable, furnished them with many necessarie prouisions. To them also resorted many other Christians, so as in short time the number be­came much encreased: yet no habit, signe, or rule was agreed vpon. Not­withstanding, the Gentlemen persisted in their vow nine yeeres, and grew to so great reputation, that Pope Honorius at the suite of Steuen Patriarch of Ierusalem, prescribed vnto them an order of life, whereby they were en­ioyned to weare a white garment; and Pope Eugenius added thereunto a red Crosse.

After which time, they elected an head or great master, like vnto him that commandeth in Malta. The number of these Knights daily encreased, and their enterprises became famous: not onely for guarding the way and passages, but also they vndertooke warre against the Infidels, both by Sea and land. And the Christian Princes mooued with loue of their vertue, in sundry prouinces assigned vnto them houses and great reuenues to be spent in Gods seruice. In processe of time they became so potent, as in euery Christian kingdome they were owners of Townes, Fortresses, and Castles, and wheresoeuer the great Master did goe, a mightie army did follow him.

It pleased God afterwards to permit, that Ierusalem and other places of the Holyland, through discord among the Christians, and negligence of Princes not sending thither any aid, was conquered, about ninety yeeres

CHAP. 19.
Knights of San Iago.

NExt vnto the Knights aforesaid, for honour and estimation are these Knights of S. Iames in Spaine, by the Spaniards called Caual [...]eri di San Iago. The originall of which Order was this.

At such time as the Arabians had well neere conquered the Countrey, the remainder of the Spanish people refusing to liue vnder the Lawes of that barbarous nation, retired themselues vn­to the mountaines of Asturia, and there setled a gouernment.

After some yeeres of their abode there, cer­taine gentlemen consulting together, determi­ned to make an association, and begin a warre vpon the infidels, and Moores. These gentlemen to the number of thirteene, being all Barons and men of great qualitie, agreed also vpon certaine religious rules of Knighthood, yet reseruing vnto themselues libertie of mariage.

The Ensigne which they resolued to weare was a red Crosse in forme of a sword.

This Order was erected at such time as the King Don Ramiro wanne the victory against the Moores in the prouince of Compostella, at which time great possessions and priuiledges were giuen to S. Iames of Compostella, Anno 1030.

This Order hath one chiefe gouernour, who is called great Master: he with thirteene other Knights haue authoritie to choose or remooue any Knight at their discretion.

Vpon the feast day of all Saints these Knights do vse to meete, and con­sult vpon matters apperteining to their estate.

The reuenues belonging to these Knights is marueilous, amounting to many hundred thousand duckets.

Many Popes haue giuen their alowance to this Order, yet either they could not, or would not reserue a greater tribute thereof then ten Mala­chini yeerely.

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CHAP. 20.
Knights of S. Iohn Ierusalem: called Knights of the Rhodes: and now of Malta.

IT is written (I know not with what warrant) that at the Citie of Amiens in Picardie, a Prouince of France, there was borne a cer­taine Gentleman, who in his childhood had bene brought vp in learning: and being growen to mans estate, disposed himselfe to the exercise of Armes, and there in long time continued. Afterwards hauing attained ri­per yeres, he despised the world, and framed himselfe to a solitarie life, as one fully resol­ued to liue in contemplation, vnseene of any but God alone. Hauing sometime remained in that solitarie sort, a sud­daine desire he had to visite the Sepulchre where Christ was buried, which shortly after he did. And to the end he might with securitie passe the Bar­barous Nations, he apparelled himselfe like vnto a Phisition; by which meane without impediment he performed his iorney. Thus hauing passed the difficulties of trauell in diuers strange Countries, he arriued at Ierusa­lem, and being there, fell into acquaintance with Simon, Patriarch of that Citie, and in lamenting wise enformed him of the oppression and crueltie offered and dayly vsed by the Infidels towardes the poore Christians in those Countreys. Whereunto Simon answered, that albeit the Christians in those countreys indured great outrages, yet they of Ierusalem suffered much greater, and should be forced to more, if God did not defend them.

By this conference, the Patriarch conceiued Peter the Hermit (for so he was called) to be a man of good vnderstanding, and apt to execute any action of importance, that should be committed vnto him. Whereupon the Patriarch determined to make him a messenger vnto the Pope, vnto whom by letters he imparted the great calamitie and afflicted estate of the poore Christians, inhabiting the Holy land.

Peter hauing receiued his instructions, and letter of credence, returned into the West: first vnto the Pope, and after sollicited other Princes: in such sort, and with so good successe, as by his perswasions, many great Kings and Potentates, consented to take in hand the recouery of the Holy land from the oppression of the Infidels, and some of them furnished that enterprise with men, some with money, and some did go in person. Among which number (as the chiefe) was Robert Duke of Normandie, sonne to [Page 96] King William of England, Godfrey Duke of Lorain, with two of his brethren called Eustace, and Baldwin, Robert Earle of Flanders, Hugh surnamed the Great, brother to the French King: with diuers other Princes, Dukes, Earles and Barons. Also thither went Beaumond Duke of Calabria, who for zeale to that seruice (or desire of honour) resigned his Dukedome vnto Ruggiero his brother, taking with him so many of his subiects as would vo­luntarily follow him, of whom (with such other Captaines and souldiers of Italy as came vnto him) hee assembled more then twenty thousand, all choyse men and young, fit for warre.

All things in this sort prepared for the iourney, Vrban the second (then Pope) sent vnto the Captaines a white Crosse, with commandement that all the souldiers should weare the like, calling that enterprise La cruciata. It is sayd that the Christians, as such time as this warre was proclaimed in Cleirmont (a citie of Auergna) indeuoured themselues vniuersally to ani­mate the souldiers, and ioyned in generall prayer for their good successe, giuing them meat, apparel and furniture, vnasked or required. Moreouer, those that were indebted, were forgiuen, and such as had beene banished, were pardoned. The women also (contrary to their custome) willingly and with much ioy consented their husbands and sonnes should passe in this enterprise, and for their furniture gaue them their Iewels, Chaines, and money. The French King likewise sent them great treasure, and gaue priuiledges to the souldiers lands and wiues, in their husbands absence. And many great Princes, and other Lords sold and impawned their Patri­monies to further this action. So as the Armie assembled for this holy en­terprise, amounted vnto three hundred thousand footmen, and one hun­dred thousand horse, who presently marched towards Constantinople, where they passed the Strait called Bosphoro Thracio, & landed at Calcedonia.

For the first enterprise they besieged Nicea in Bithynia, which within fiftie dayes was yeelded: and the fouth of Iuly at the foote of certaine mountaines neere vnto that citie, the Christians fought a battell with a Turkish Armie, which in number exceeded ours, and thereat was present Solyman the Emperour of Turkie, but the Christians had victory, with the losse of two thousand men: of the Enemies were slaine fourtie thousand.

This victorie gained, the Christians following their enterprise, within short time wonne an hundred cities and townes of accompt: and among them the great Antiochia, before which they begun the siege the twentieth of October, and tooke it the last of May following, where they found Corbo­na King of Persia, and Cassiano, Lord of Antioch. Neere vnto that place in one other conflict were slaine more then one hundred thousand Turkes, with the losse of foure thousand of ours.

The cause of this victory was (in that time of superstition) imputed to the vertue of a bloody Lance found in Antiochia, which they supposed to bee a speare wherewith Christ was wounded on the Crosse. It was also sayd, that the Turkes did see (or imagine) another great Armie comming against them from the mountaines, conducted by three Captaines moun­ted vpon three white horses, the beholding wherof occasioned their flight.

This victory being had, a Nauie arriued from Genoa and from Venice. [Page 97] Also with them came certaine ships conducted by one Vymer of Bullein in Picardie, a notable Pirate, who repenting his former like, determined to fol­low that honourable Action.

The Christian forces thus increased, they marched towards Ierusalem, and besieged it, & notwithstanding the city was of great force, yet by Gods helpe, and the valorous aduenture of the Christians, it was assaulted, and in the end yeelded, Anno 1099.

This Citie thus conquered, the sayd Peter (as the chiefe procurer of the enterprise) was highly honoured, and Godfrey Duke of Lorayn elected King of the Holy land.

But to returne to the Original of these Knights, I say, that somewhat be­fore the Christians conquered the Citie of Ierusalem, they had obteined of the Saracens leaue to dwell neere vnto the Sepulchre of Christ, and there builded an house, calling it the Hospital of Christians, whither all other Christians dayly resorted. After that, the number of Christians increasing, they builded another houses for women, calling it S. Mary Magadelens. And at length they made a third house, calling it S. Iohn Baptists, where for the keeping of good order they appointed an officer whom they called Rector.

Some time after was elected to that fellowship, a gouernour called Ge­rardus, who commanded that he, with al others of that house, should weare a white Crosse vpon a blacke garment, which was the originall of the Or­der, and euer since hath bene vsed.

Afterwards one other Rector or great Master was elected, whose name was Raimondus, to whom authority was giuen, that he should gouerne and command all Knights of this Order, where soeuer they were dispersed.

Many yeeres after these Knights conquered the Isle of Rhodes holden by the Turkes, Anno 1308. which was the cause they were commonly called Knights: and diuers princes seeing them martially inclined, gaue vnto them great lands and possessions: and they became greatly esteemed for their seruice, chiefly against the sayd Turkes, and the Soldan, king of Egypt and Ierusalem.

The sayd Isle of Rhodes (during those Knights inhabited there) was foure times assaulted, yet by Gods helpe, and the valiancie of the Knights, it was defended Then Mahomet Otoman Emperour of Turkie, Anno 1480. with an excessiue force of men, and an hundred Saile of Galleys (conducted by a Bassa borne in Greece, descended of the rase of Paleologi sometime Empe­rors of Constantinople) did besiege it, but after 89 dayes of continuall bat­terie, they were forced to abandon the enterprise, and for their farewell, in the last assault, the Knights slew more then fourtie thousand Turkes.

But in the yeare 1523. in the moneth of Ianuarie, the Turkes againe in­uaded the Island, and after three moneths Siege preuailed: for the rest of Christendome neuer vouchsafed them either aide or reliefe.

Since the losse of Rhodes, these Knights haue remained in the Island of Malta, and often defended it against the enemies of Christendome, but chiefly in the yeere 1565.

The first erector of Statures and Rules for the gouernment of these Knights, was the sayd Raymondus, calling himselfe, Raimondo di Poggio, [Page 98] Seruo dipoueri di Christo, e custode dello spidalle di San Giouanni Battista di Ieru­salem.

No man might be receiued into this Knighthood, vntill he had proued his gentilitie, in presence of the great Master, and other Knights.

Nor no man descended of a Moore, a Iew, or Mahometan, might be ad­mitted, although he were the sonne of a Prince.

And euery Knight of this order was sworne to fight for the Christian faith, doe Iustice, defend the oppressed, relieue the poore, persecute the Mahometans, vse vertue, and protect Widowes and Orphanes.

Diuers other Articles there be: but for that they are full of superstition, I omit them.

CHAP. 21.
Knights of Calatraua.

BY imitation of the Order of S. Iago aforesaide, was this Knighthood of Calatraua begun in the yeere [...] 30. The in­uenter thereof was Don Santio King of Toledo.

They were called Knights of Calatraua, of the prouince and place where they were made and setled, which was where anciently the chiefe Church of Templars had bene, who not being of power sufficient to resist the Saracens, were forced to yeeld the place vn­to these Knights.

The habit of these Knights is a blacke garment, and vpon it in the breast is set a red Crosse.

These Knights haue also exceeding great possessions, and many com­mandries in diuers places of Spaine.

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CHAP. 22.
Knights of the Band.

THis order was first erected by Alphonso King of Spaine, sonne to Ferdinando and Queene Constanza in the yeere 1268. And to giue the said Knighthood reputation and honour, the King himselfe with his sonnes and brethren vouchsafed to enter thereinto: with them were also admitted diuers other gentlemen of best quality and greatest estimation.

The cause that mooued the King to name them, Knights of the Band, was, for that hee commanded euery man elected into the Or­der, should weare a certaine red Scarfe, or Lace of silke the bred [...]th of three inches, which hung on their left shoulder, & was tied vnder the right arme.

No man might enter into this Knighthood, but such as the king did spe­cially admit: neither was any person capable of that dignitie, vnlesse hee were the sonne of a Knight or some Gentleman of great account, or at the least such a one as had serued the King by space of ten yeeres in his Court, or in the warre against the Moores.

Into this Order no Gentleman could be receiued being an elder bro­ther, or an heire in possession or apparance, but only such as were yonger, without land and liueload: because the Kings intention was to aduance the Gentlemen of his Court that had not of their owne.

At such time as any Gentleman was admitted a Knight, he promised to obserue these Articles following, which I haue thought good particularly to expresse, and the rather because they tend only to entertaine the minds of men in the offices of Courage and Curtesie, without any mixture of su­perstition, whereof almost all other Orders in those dayes tasted.

First, that hee should speake vnto the King for commodity of the com­mon-wealth and the defence thereof, so often as he were thereunto requi­red; and refusing so to doe, shall for feit all his patrimony, and be banished his countrey.

That he should aboue all things speake the trueth vnto the King, and at euery occasion be faithfull to his Maiesty.

That hee should not be silent whensoeuer any person should speake a­gainst the Kings honor: vpon paine of being banished the Court, and de­priued of his Band for euer.

That he should be no great speaker, and in speaking to vtter the trueth: [Page 100] but if he should say or affirme an vntrueth, then for a punishment, to in the streets without his sword, for one whole moneth.

That he should endeauour himselfe to keepe company with wise m [...] and persons experienced in the warre: for being found to conuerse wi [...] merchants, artificers, or base people, he should be therefore greatly repro­ued by the great Master, and for one moneth be commanded to keepe his house.

That he should maintaine his owne word, and faithfully keepe promise with his friends: and being found to do otherwise, to be enioyned to walke and goe alone, vnaccompanied of any other of the Kings Court, & should not presume to speake or come neere vnto any other Knight.

That he should alwayes haue good armour in his chamber, good hor­ses in his stable, good launces in his hall, and a good sword by his side: or otherwise to be called Page, and no Knight, for one whole moneth.

That he should not be seene mounted vpon any Mule, or other vnseem­ly hackney: neither walke abroad without his Band, nor enter into the Kings pallace without his sword, nor eate alone at home, vpon paine to forfeit for euery such offence, one Marke toward the maintaining of the Tilt.

That he should be no flatterer of the King, or any other person, neither take delight in skoffing, vpon paine to walke on foote for one moneth, and be confined to his house another moneth.

That he should not complaine of any hurt, nor boast of his owne actes, nor in curing his wounds crie Oh: for if in vaunting wise hee vttered any oftentatious speeches, he should be reproued by the great master, and let alone vnuisited of all his companions.

That he should be no common gamester, chiefly at the dice, nor con­sent that others should play in his house, vpon paine to forfeite for euery such offence, one moneths pay, and for one moneth and a halfe not to be seene in the Court.

That he should not in any sort lay to pawne his Armour or weapons, nor play away his garments, vpon paine to be imprisoned in his owne house a whole moneth, and for two moneths following, to goe without the Band.

That he should be dayly apparelled in fine cloth, and on Holy dayes in silke, and on high feastes weare gold in his garments if he pleased, without being compelled so to do. But if he did weare buskins vpon nether stockes of cloth, the great Master should take them from him, and giue them in almes to the poore.

That in walking either in Court or Citie, his pace should not be swift or hastie, vpon paine to be reproued of his fellow Knights, and punished at the great Masters discretion.

That he should not speake any thing vnfit, or offensiue to his fellowe in Armes, vpon paine to aske him forgiuenesse, and to be banished the Court for three moneths.

That he should not commence or enter suite of Law against the daugh­ter of any Knight, vpon paine neuer to haue Ladie or Gentlewoman of the [Page 101] Court to his mistresse or wife.

That if he happened to meete with any Ladie or Gentlewoman of the Court, he should foorthwith alight from his horse, and offer her his ser­uice, vpon paine to loose one moneths wages, and the fauour of all La­dies.

That if any Lady of honour required seruice at his hand, he refusing to doe it (hauing power) should be called for euer, the discourteous Knight.

That hee should not eate alone, nor at any time feede vpon grosse meates.

That he should not enter quarell with any of his fellow Knights: or if any such disagreement did happen, that he nor any other Knight should make partie, but by all good meanes seeke to reconcile them, vpon paine to pay a marke towards the charge of the next Iusts.

That if any man not being of this Order, should presume to weare the band, that then he should be forced to fight with two Knights: but van­quishing them, should be also a Knight himselfe: and being vanquished, should be banished the Court, and neuer to weare the Band.

That if at any Iusts or Turnaments in the Court, a Gentleman being not of the Order, should winne the prize, then the King was bound forthwith to make him a Knight of the Band.

That if any Knight of the Band did offer to drawe his sword against any of his fellowes: for so doing he should absent himselfe two moneths, & two other moneths weare but halfe his band. And if a Knight did hurt his fel­low in Armes, he should be imprisoned one halfe yeere, and the next halfe yeere, be banished the Court.

That no Knight for any offence should be punished or iudged before he were brought to the King, and his pleasure signified.

That he should be euer furnished to attend on the King, whensoeuer he went to the warre: and if any battel were striken, then ought these Knights ioyntly to giue the charge: and if in any such seruice a Knight performed not his part, he should loose one yeres pay, and one other yeere weare but halfe the Band.

That no Knight should be inforced to serue in any warre, saue onely a­gainst the Infidels: Or attending on the King to any other warre, to weare no Band: and if he serued any other Prince in his warre, he should loose the Band.

That all the Knights should assemble three times a yeere to consult vp­on matters pertaining to the Order. The assembly was at such place as the King pleased to appoint, and there they awaited with their horse and ar­mour; the first meeting was in April, the second in September, the last at Christmas.

That all the Knights of this Order, should fight at the Turney at the lest twise euery yeere, Iust foure times a yeere, play at the Canes sixe times a yeere, and mannage horses euery weeke. And who so failed to performe all, or any one of these Knightly exercises, should attend on the King one moneth without a sword, and one other moneth without a Band.

That if the King did come to any citie or towne, that then the Knights [Page 102] within eight dayes after, should prepare a place for the Iusts and Turna­ments: they should also exercise all other warlike weapons: and if any Knight were negligent in these things, he should be confined to his lodg­ing, and weare but halfe the Band.

That no Knight might remaine in Court without a mistresse, with in­tent to marry her, and not dishonour her, and whensoeuer she pleased to walke, he was to attend on her on foote or horsebacke, to do her all honour and seruice.

That if any Iusts were holden within tenne miles of the Court, euery Knight to be there, vnder paine to goe without his sword one moneth, and without his Band another.

That if any of these Knights were married within twentie miles of the Court, all the rest should accompany him to the King to receiue a gift, and from thence to the place of wedding to exercise feats of Armes there, and euery Knight to present the bride with some gift.

That the first Sunday of euery moneth, all the Knights should shew themselues armed before the King, ready to performe any action in Armes at the Kings pleasure: for the King would not haue them be only Knights in name, but in deed also.

That in no Turnament there should be more Knights then thirtie on one partie, and so many on the other partie, and that no sword should be brought into the place, but such as were rebated both of edge and point. And that vpon the sound of trumpet, the fight should begin, and at the sound of the Clarions, euery man to cease from fight, and retire, vpon paine that who so failed, should neuer more enter into that combat, and be ba­nished the Court for one moneth.

That at euery day of Iusts, ech Knight should passe foure Carieres, before foure Knights appointed for Iudges, and they who brake no staues in those courses, should pay the charges of the Iusts.

That if any Knight were sicke and in perill of death, all other his fellow Knights should visit him, and exhort him to godlinesse. And if he died, to accompany his course to the graue. Also to mourne in blacke one whole moneth, and absent themselues from the Exercise of Armes, for the space of three moneths, vnlesse the King should otherwise command.

That within two dayes after such funerall, all the Knights should as­semble, and present the Band of the dead Knight vnto the King, making humble sute for some of his sonnes to succeed, if any of them were meete, praying it would please his Maiestie to be good to the mother, that she might liue according to her honourable calling.

CHAP. 23.
Knights of Alcantara.

THese Knights liuing in effect vnder the ordinances and rules of the Calatraua, do weare a greene Crosse.

Neere vnto the citie of Alcantara, in Castiglia vpon the Riuer of Tago, they haue a Church of great beautie indowed with rich possessions.

CHAP. 24.
Knights of Montesio.

IN Valentia are the Caualieridi Montesio, a place also seated in that Prouince.

These Knights do weare a red Crosse, and their order begun a­bout the same time that the Knighthood of Calatraua tooke beginning.

CHAP. 25.
Knights of Redemption.

THese Knights were erected in the Kingdome of Arragon by King Iames, who conquered the Islands Maiorica in the yeere 1212.

Their garments are white, and thereon a blacke Crosse.

The office of these Knights, is to Redeeme Prisoners, whereupon they are called Caualieri del redentione.

The chiefe gouernour of them remaineth at Barcellona.

CHAP. 26.
¶The Originall of the Knights Teutonici.

THese Knights doe not much varie from the Knights of the Rhodes, for their custome is to entertaine Pilgrims, and at occasions to serue in warre.

The beginner of this Knighthood' was a certaine Almane, who after the taking of Ierusalem by the Christians together [Page 105] with diuers other of that Nation remained there. This Almaine being exceeding rich and maried, kept a franke and liberall house, relieuing all passengers and Pilgrims that trauelled to Ierusalem: insomuch that his house became as an Hospitall or place of ordinary accesse. At length he builded nere vnto it a faire Church, which (according to the vse of that time) he did dedicate to our Lady.

Not long after many Christians resorting thither, as well for loue of the Christian Religion, as to visit the sicke, they resolued to erect a frater­nitie, and hauing chosen a great Master to be gouernour, ordained that e­uery man of that association, should bee apparelled in white, and vpon their vppermost garment weare a blacke Crosse, voided with a Crosse potence.

It was also agreed, that no man should be admitted into that order, saue onely Gentlemen of the Duch nation: and they to protest at all occasions to aduenture their liues in defence of Christs Gospel.

About 88 yeers after Ierusalem had remained in the Christians hands, it was taken againe from them by the Saracens in the yeere 1184 since which time it neuer was recouered. For which cause these Knights retired to Pto­lemaida, where they remained.

At length Ptolemaida, being also taken by the Saracens, they returned in­to Germanie their naturall countrey; where, after some short abode (as loa­thing rest and idlenesse) they went vnto Fredericke the second then Empe­rour in the yeere 1220, to let his Maiestie vnderstand, that the people of Prusia vsed incursions vpon the confines of Saxonie, adding that those peo­ple were barbarous idolaters without the knowledge of God, and there­fore besought his Maiesty to grant them leaue to make warre vpon them at their owne charges, yet with condition that whatsoeuer they gained, his Maiesty would giue the same to the maintenance of that Order.

The Emperour allowing of that suite, presently granted them the coun­trey, and vnder his seale confirmed the gift.

These Knights by this donation much encouraged, forthwith tooke Armes, and within short space subdued all that prouince, and then passed the riuer of Vistola, and conquered other people, who became their sub­iects, and were made Christians.

Within short space after, these Knights builded diuers Churches, and among the same Cathedrall Temples, making them places of residence for Bishops, who were also enioyned to weare the habit of that Order.

Neere vnto the riuer Vistola was a great Oke, where these Knights buil­ded the first Castle and Towne, which with time was encreased 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.

IN the life of Pope Vrban the fourth (at which time was great warre among the Princes of Italy) certaine rich Gentlemen of Bolognia and Modona, desiring to eschew the present trou­bles, and be exempt from publique charges, desired of that Pope to permit them to liue in contemplation, & erect a new Order of religious Knighthood, which for money they obtained, calling themselues Knights of Saint Mary.

[Page 107] 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 of this Order doe pleade great antiquity, say­ing they were in the time of Sainct Basil, and their profession hath bene confirmed by sundry Popes. They also affirme that Fredericke the Emperour surnamed Barbarossa, gaue them great possessions in Sicilia, Calabria, Pugilia, and Terra di Lauoro: and to those lands diuers Popes did adde much. Notwithstan­ding time that weareth all things away, did also consume these riches, and the Order well neere extinct, till of late yeeres Pius quartus the Pope did reuiue it: who made Gianotto Castiglione a Noble gentlemen of Millaine, great Master.

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 [Page 108] 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.

IN the yeere 1561. Cosmo Duke of Florence and Sienna, ha­uing setled his gouernment, and liuing in peaceable estate, erected this religious Order of Knighthood, calling those that entred thereunto, Caualieri de San Steffano. To these Knights he gaue a red Crosse, bordered about with gold.

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.

CHAP. 1.
Of particular Combats, with their Originall.

THe Graecians called a priuat fight Monomachia, and the Law Ciuil Duellum, (as it were) the fight of two per­sons. The first vse thereof was among the Mantinei­ans in Greece: where they that entred into such Com­bats, did for the most part appeare in pompous appa­rell, with feathers, and other ornaments of great magnificence. Those fighters also vsed Emblemes and Emprezes. This kinde of fight seemeth very an­cient: for Homer and Virgil make thereof mention.

CHAP. 2.
¶Whether Combats may iustly be permitted.

THe Popes of Rome haue long since inhibited all Combats. The Lawes Ciuile also doe seeme to reiect that kind of tri­all. Yet is it reasonable, that a martiall man iustly challen­ged, should (without offence) appeare in the field, and with sword in hand defend his honour: for by law of Nations it is lawfull he may so doe. Yet ought he not (without licence) to fight with­in his owne Princes dominion, if without losse of reputation he may doe otherwise. And in the Romane state (without the Magistrates allowance) the law did absolutely forbid such fight. Therfore as without licence com­bat was vnlawfull in Rome, so was it with the Princes permission auowa­ble: for by such warrant Valerius Coruinus, Marcus Torquatus, and others did fight.

We reade also that Princes themselues, contending for kingdomes, by that meane (to auoid effusion of blood) haue determined their right: wher­of we haue ancient examples, as the combat of Charles Duke of Anioy and Peter of Arragon, contending for the Isle of Sicil; of Corbis & Osua brethren, vpon their title to Carthage; of the Duke of Bohemia and the Duke of Lan­caster: and in holy Scripture, of Dauid and Goliath.

CHAP. 3.
¶When and how Combats were in vse.

ALbeit the lawes both Canonicall and Ciuile haue inhibited Combats, yet by vse and ancient custome (in some coun­treys) they were permitted; chiefly among the olde Lom­bards. For whensoeur matters of great importance had beene duely examined, and the trueth could not appeare otherwise then by Gods iudgement; in such cases the combat was gran­ted: yet with this caution, that the combatants were first sworne, that with­out fraud, and for triall of trueth, the same should be performed.

The matters of those combats were chiefly these.

If a man were accused of treason.

If a reconciled enemy did breake his vowe.

If a man for desire of inheritance, were charged to murder his father.

If a man were touched with adulterie: or a woman accused to procure her husbands death.

[Page 117] These and some other doubts, mooued the Lombards to graunt com­bat, if by other iust proofes the trueth could not appeare: neither doeth it seeme barbarous or vnseasonable in those cases, to admit combat. This cu­stome the Frenchmen also (with little difference) approoued: as it appea­reth by a constitution of King Philip the Faire, yet extant in these wordes: Siquis occulti criminis capitalis (que) reus sit, atque ita de eo constet, vt quaecstioni sub­ijci possit, condemnari non possit, is arbitratu accusatoris duello experiatur. Since those daies combats haue bene more considerately granted in Italy, for the people of that Nation (being iealous of their honour) vpon light occasi­ons (and almost for euery lye) would resort vnto a Prince for security and licence, for combat.

CHAP. 4.
¶What exceptions or repulses may iustly mooue the Defender to refuse the Combat.

AChalenger may be refused in respect of his person, being knowen a man wicked or infamous. For as it is not reaso­nable, that any man of good fame should hazard himselfe to fight with him that is infamous; so a generall rule it is, that no man of so vile quality shall beare Armes. Vnlawfull also it is, and forbidden by law, that any murderer, theese, or other vicious person should be alowed to accuse or fight with any gentlemā or other per­son of reputation Quid sayth, Nulla lex iustior quānecis artifices arte perire sua.

Of no better estimation ought he be that is a fugitiue, a seditious person, a traitor, a forsaker of the Army, a periured man, a traitour to his master or friend, a bawd, or noted of any crime, that is accompanied with infamie.

CHAP. 5.
¶Whether a man of meane qualitie may challenge his superiour.

FOr answer to this question, I will vse the opinion of Ioannes Iacobus Triuultius, who beeing Colonell generall of the French Kings forces, hearing a man at Armes to refuse the challenge of a foot souldier, said that he ought not, because euery souldier being enrolled, and in the Kings pay, is re­puted a gentleman: quontam ex militia oritur nobilitas. Euery small disequa­litie ought not make difference chiefly where God is Iudge: before whom [Page 118] is no difference of persons. Moreouer if that exception were generally ad­mitted, no challenge should be at all, because none, or very few are equall; for some are honourable, as they that haue receiued dignitie from the Prince: other are gentlemen, whose title the Armes of their Ancestors do warrant. Others for vertuc haue deserued same, and are reputed noble. Plancus and other ancient writers do say, that Nobilis est, quasi notus. Hardly therefore are gentlemen found, that by all these meanes can warrant their Nobilitie. Better it is therefore to iustifie honour by Armes, then incurre suspition of viletie, or stand vpon curious points of pedegrees. What good could Plancus haue, when puffed with pride, he boasted himselfe to descend of the high house of Drusis. And Iuuenal saith: ‘Nobilitas veraest at (que) vnica virtus.’

Much doubt hath also bene made, whether a man of meaner title may challenge a greater: as when an Earle challengeth a Duke, whether lawful­ly he may so do. Of this matter diuers men haue thought diuersly. Paris the doctor saith, That a gentleman borne, and of three descents, may fight or challenge a Duke vpon any iniurie to him done. The reason thereof is, That a Duke offering iniurie, maketh him to whom it is offered his equall, and able to encounter him in Armes, which otherwise he ought not be.

But this opinion the Lawiers of later time do not allow. For as in con­trouersie criminall, persons illustrious, and of great title, may answere by Proctor, so may they in combat appeare by Champion.

Otherwise it ought be, where both the Challenger and Defender be Illustri and tituler personages; for in that case, although they are not euen of one degree, yet being both Noble, the greater Lord cannot refuse to fight with the inferiour. For which reason an Earle may not be repulsed by a Marquize, or a Duke, because they are both Right honorable, though of diuers title. Yet is it not fit, that priuate Gentlemen or Barons should challenge a great Marquize. A Gentleman of three descents, and such a one as hath employed his life in Armes, ought not be refused to fight with men of worship, because the inequalitie of their dignities is not great: and such is the opinion of Paris.

CHAP. 6.
What sortes of men ought not be admitted to triall of Armes.

FOrasmuch as the triall of Armes appertayneth onely to Gentlemen, and that gentilitie is a degree Honourable, it were not fit that any persons of meaner condition, should thereunto be admitted. Wherefore, as the Iudges of ciuill trials doe ordinarily reiect the testimonie of such as are ac­counted infamous, euen so in Martiall triall, a person honourable ought [Page 119] not by men of base qualitie be accused: for how can hee charge another with any crime, that hath himselfe committed an offence against his owne reputation?

It hath bene therefore ordeined and determined, that no man hauing committed treason against his Prince or Countrey, shall be admitted.

He also may be repulsed that hath had intelligence or conference with the enemie of his Prince or Countrey, or that being taken of them, doeth there remaine, hauing meanes to returne vnto his Princes seruice.

He that becommeth a Spie, or explorator for the enemie, or that taketh an oath against his Prince, or that taketh a Princes pay and departeth be­fore he hath serued the full time.

He that abandoneth the Armie of his Prince, and fleeth vnto the ene­mie, or being discharged, doth goe vnto the Enemy in the time of skirmish or fight, shall be reputed as infamous, and also a Traitour.

He that abandoneth the Ensigne of his Prince or Captaine, or that ei­ther by day or night shall maliciously depart from the place of his charge about his Princes person, or in the campe.

Among these we will accompt all theeues, beggars, bawdes, victualers, persons excommunicate, vsurers, persons banished the Armie, and euery other man exercising an occupation or trade, vnfit and vnworthie a 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. [Page 120] 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.

[Page 121] 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 [Page 122] 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 the Pope, that is, the French King, the King of England, the King of Ierusalem, and the King of Sicil. All the other Kings were crowned by their owne Prelats. Thus sayth Paris.

An Earle being a Prince absolute, and not subiect vnto the Empire, or any other Potentate, may refuse to fight with any person being a subiect notwithstanding he hath the title of Prince, Duke or Marquesse. Here is to be noted, that these titles of honour were at the first giuen in office, as the title of Duke was proper vnto him that was a Generall of the Armie. A Marquesse was he vnto whome the confine or marches of a countrey or kingdome was committed. An Earle or Count was a Iudge or comman­der in peace, and of them in the ancient Emperours seruice were diuers, as the Countes Palatine were as stewards of the Emperors house, of his court, or stable, and euery of them might challenge any Prince, Duke, or Mar­quesse being a subiect, because they are in respect of subiection, reputed none other then Barons.

A Gentleman well borne, and descended from Parentage of foure de­grees, may fight with any Earle or Baton, in case of treason to his Prince or Countrey, and also murther and infidelitie: because they are (besides their dignity) none other then Gentlemen, and Gentilitie or Nobilitie is hereditary and cannot be taken away, but dignitie may. But in other quar­rels of lesse importance, the Earle in respect of his dignitie, may fight by Champion, but in the cases aforesaid he shall fight in person, vnlesse he be aged, lame, or otherwise disabled.

[Page 123] A Captaine Generall of an Armie Emperiall or Royall, may not be challenged by any Gentleman or Lord, neither ought the gouernour of and City, Towne, or Castle, because no publike commandement may be abandoned for priuate respect. The like is to be vnderstood of Ambassa­dors, who in regard of the place they hold, may (during their commission) repulse the challenge of any Gentleman or other subiect whatsoeuer.

A Souldier basely borne, hauing liued in continuall exercise of Armes by the space of ten yeeres, without committing any disobedience, or other reprochfull acte, ought be admitted to fight with any Gentleman borne.

A Gentleman, who either by his owne fault or his ancestor, hath com­mitted any treason against his Prince, may be repulsed to fight with any other Gentleman, vnlesse the said offender or his ancestors were restored in blood, or is in descent three degrees frō the ancestor that was attainted.

A Gentleman that is knowen Spie for the enemy, or bewrayeth the se­crets of his owne Princes campe, abandoneth his ensigne, or committeth any other military offence, may be repulsed to fight with euery other gen­tlemen of good fame and reputation. And by ancient custome, men blot­ted with such a note, might not liue in any City or Towne where the Em­perour or other Prince remained.

A Gentleman that hath made profession of Armes, by the space of twenty yeeres in the Court or Campe of his Prince, without infamy or re­proch, may (not withstanding he be dismissed, re [...]ired, or cassed) fight with any other Gentleman that liueth in present pay.

A Gentleman hauing aspired vnto any title or dignity, and is either in respect of age or infirmitie retired to his owne house, ought neuerthelesse to enioy all his honours, and shall be euer (vnlesse he commit some disho­nourable fact) reputed worthy the honour he receiued in Court or campe, and fight with any other Gentleman whatsoeuer.

An Artificer following the campe, and exercising his Artor Mysterie (notwithstanding he be also in pay) may be repulsed to fight with any pri­uate Souldier that maketh particular profession and exercise of Armes.

No man vnder the degree of a Gentleman, ought be receiued or allow­ed for a man at Armes on horsebacke: for by the Emperiall lawes the Re­giment of Launces was called Equestris ordo, and they whome we call light Horsemen, were named Celeri.

CHAP. 11.
Of Armes both offensiue and Defensine.

IT hath bene before sayd, that by the law of Lombardie, eue­ry Combat (vnlesse vpon quarell of infidelitie) should bee tried with shields and staues, and with no other weapon. But the matter of their Combats was onely for triall of trueth, without respect of honour. Howsoeuer it were, besides [Page 124] that custome must be receiued for lawe, it seemeth to me that either in pub­lique or priuate fight, such weapons ought bee vsed as are commonly worne of Gentlemen and others professing Armes. And touching Armes defensiue, it hath beene also the vse, that as they are thought allowable in warre and all generall fights, so in particular trial of Armes, they ought not be reiected, because fortitude accompanied with prudence is much the more commendable, seeing he that vnwisely or inconsiderately aduentu­reth himselfe, is not to bee reputed valiant, but furious: neither is hee ac­compted valiant, that without counsell or cause, delighteth in dangers, but he that neuer doth shun any generous action, tending to publique be­nefit, or his owne priuate reputation. And Aristotle sayth, that a valiant man doth neither feare all things, nor dare doe all things. For these re­spects it hath euer bene thought fit, that in particular Combats, the Figh­ters should be allowed Armes defensiue, and not performe the same na­ked, and vtterly disarmed, with swords and daggers onely, as is in this part of the world now vsed. And sith the perill of life is no lesse in particular then in publique fight, it seemeth very reasonable that defensiue Armes should be allowed, yet so as both the challenger and defender be equally armed and weaponed, which in trueth ought be at the election of the de­fendant, as heretofore hath bene discoursed. But because the custome of the land is, and happily also lawe forbideth that any man should be armed saue onely in the warre, I thinke no Gentleman ought to refuse to fight disarmed. And here will I not omit to remember an abuse which hardly is discontinued, I meane that some English gentleman are so obstinately ad­dicted to custome, as notwithstanding they doe themselues enter quarrell and be challengers, yet wil they vse that sort of weapon only which please themselues. An opinion contrary vnto reason, and the vse of all other peo­ple, as though ancient vse made that weapon onely allowable, which rea­son will also prooue vice as good as vertue, because it is no lesse ancient.

CHAP. 12.
Of the election of Weapons.

FOr good and reasonable causes, many aduantages are due vnto him that is chalenged, because hee being accused and constrained to fight, iust and true reason willeth that hee should enioy all honest fauour. It hath bene therefore well determined, that whosoeuer is defender, doeth sufficiently acquite himselfe, and ought be reputed victorious, if hee be not victored. But on the other side, he that challengeth, must not onely escape to be van­quished, but also vanquish his enemie: for otherwise he shall be reputed as victored, and lose the quarell. Which seemeth very reasonable, because his office is to proue: But the defender is not bound to more then defend.

Another fauour also appertaineth to the desender, which is, the election [Page 125] of the weapon, because, if another man will voluntarily call me to triall of the sword, the choice of the weapon ought of right to be mine. Yet true it is, that no defender ought to make election of other Armes either defen­siue or offensiue, then such as are lawfull, and worne ordinarily by gentle­men and Souldiers. Therewith also is to be obserued, that if the question whereupon the Combat or fight groweth may be decided by ciuill triall, that then no trial of Armes ought be enterprised. Much more also may be added touching the equalitie or disequalitie of the persons that enter into fight, and likewise of the Armes aswell defensiue as offensiue: but because publique Combats are now almost generally forbidden, and in this land most rarely vsed, I speake onely of those things which are to bee knowen for the performance of priuate Combat and fight betweene particular gentlemen.

CHAP. 13.
Certaine questions, opinions, and iudgements, vpon accidents happening in trials and exercise of Armes.

IF two men at Armes do couenant to fight on horse­backe, and runne ten courses with sharpe Launces, and that hee who worst performeth those courses, should be iudged victored and prisoner to the other: It happeneth that at the second course, the one of them falleth from his horse, and suddenly recouering to horsebacke offereth to performe the rest of the courses. The question is, whether it be lawfull for him so to do, or by the fall be reputed a prisoner? Whereunto is answered, that in a challenge for life and death, no man ought be accompted vanquished vnlesse he be slaine, or forced with his owne mouth to yeeld, or deny those words whereupon the quarell groweth: yet otherwise it is, when the chal­lenge or Combat is for honour onely, loue of Ladies, or exercise of Armes, because in that case notwithstanding the Runners be determined vpon a certaine number of courses, yet if at the first, or after (before those courses be all performed) any of them do fall, hee that receiueth the fall shall loose the honour, and the other depart with victory.

Two gentlemen being come into the field to fight for life, the one in fighting happeneth to fall, the other presently sitteth vpon him, and saith, Yeeld thy selfe; He that lieth vnder, saith like words, and therewith woun­deth his enemie lying vpon him, who feeling his griefe mortal, striketh the other in the throat. He that was first fallen, ariseth and walketh, shortly af­ter they both die. The question is, which of them ought to be iudged vi­ctorious. Albeit no dead man can require iudgement of victory, yet to the [Page 128] of them ought receiue most honour.

Hereunto may be sayd, that the hand being a member most necessary for fight, and placed much higher then the legge: therefore the losse there­of is of more importance, and consequently dishonourable. On the other side is alledged, that seeing the legge is of as great necessitie, so as without it he is disabled to serue either on horse or foote: therfore he who becom­meth hurt and lame in that part, receiueth most dishonour; and the more, for that no Arte can supply that want, as in the hand it may. But I referre the true deciding of this doubt vnto the wise and learned reader.

Two Gentlemen come to fight for life: the challenger being left handed is maymed on that hand, the other being right handed looseth it. Which of them ought receiue most dishonour?

It seemeth that in this case the losses and harmes are equall: for he who was left handed, being maimed on that side, is depriued of that hand which hee vsed chiefly, and was no lesse apt for him, then the right hand is vnto the enemie. And sith it is the office of the Challenger not only to main­taine, but also offend and proue in not doing more to preiudice the defen­der, then that harme himselfe receiueth: therfore the chalenger (although hee looseth but a left hand) is in this case most dishonoured. Yet because the exercise of these mens hands were of like necessitie, I thinke (vnder correction) the iudgement ought to rest as indifferent.

Two Gentlemen in performing a combat on foot, are hurt in places equall: the question is, whether of them is victorious.

We haue in the former question said, that where two fighters be equally hurt, the challenger should depart with dishonour, because hee hath not prooued that which he tooke in hand, which is to vanquish the defender: therefore the drawing the enemies blood, and the manner thereof is to be considered. If then the one be hurt on the right arme, and the other on the left, it may seeme there is none aduantage: for as the right hand is apt to offend in fight, so the left hand is no lesse fit to defend. Notwithstanding, for that the vse of the right hand is both more necessary and ordinary, hee who is hurt thereof, ought to be adiudged vnto most dishonour, chiefly in combat for life. For in the exercise of Armes for honor only, the iudge­ment ought lye dead, or else he shall be thought victorious that most man­fully performed his part, or that regardeth least the wound, or that most cunningly doth handle his weapon. The qualitie of the hurts is also to be considered, which of them is more or lesse mortall; likewise which mem­ber is more or lesse to be regarded.

Foure Gentlemen determined to fight on horsebacke for triall of trueth and life, did enter into the Lists: the one partie doe both charge one of the aduersaries reputed a man of small force, yet valiantly defending himselfe, did hurt one of the assailers: and his companion seeing the matter so han­dled, suddenly dismounteth, and with his Launce woundeth the other of his enemies in the backe, and forceth the one of them to denie his words: he that denied, fleeth out of the Lists, perswading his fellow being first hurt to abide there, saying it was more honourable to die within, then without the Lists. Hee who forced the enemy to flee, pursued him, but not able to [Page 129] take him, a question was mooued, which party ought be accounted victo­rious, because on either party one was hurt, and the other two went out of the Lists without licence of the Iudge. Whereto may be said:

That he who denied, ought with his companion to loose the honour: for albeit one of the enemies did also leaue the Lists, yet his intent therein was to pursue his foe being fled thence: and forsomuch as the combat was for matter of treason, it sufficeth not onely for the victorious to vanquish the enemy, but also to bring him into the power of the Iudge to be puni­shed. And it is plaine, that seeing of the one party one was hurt, and the other fled, they ought to be iudged to loose all honour, and be condem­ned as guilty of that whereupon the quarell was mooued.

Seuen Gentlemen doe compound with seuen other, to run certaine courses at the Tilt for honor and loue of Ladies: in which match, it happe­ned that fiue of the one partie did commendably acquite themselues, but the other two of that side were ouerthrowen. On the other side, two only perfourmed their courses well, and the rest of that company exceeding e­uill, losing many Lances, and running very foule: whereof a question grew, whether vnto fiue well doers, and two euill, or vnto two well doers with fiue euil, the honour ought to be allotted.

Albeit in this case much may be spoken: yet for that the question is not of any particular mans merit, but which partie in generall performed best the enterprize, it may be alleaged, that the partie wherein were most wel­doers ought to haue the honour, notwithstanding the fall of two of their companions: yet for so much as the fall from horsebacke by the enemies force or vertue is most reprochefull, it seemeth that the misaduenture of two men onely, may reasonably be the losse of honour to all the rest. And therefore we leaue the iudgement of this doubt vnto wise men, better ex­perienced in Armes.

Two gentlemen being in combat for life, the Challenger taketh the sword of the Defender from him, notwithstanding the Defender most va­liantly defendeth himselfe with his arme and hands all the whole day, du­ring which time he could not be forced either to denie, yeeld, or be slaine. A question thereupon arose, whether of them was victorious.

Forasmuch as this Combat was for life, and that in euery fight of such nature, no victory is fully gained vntill the Defender is slaine, or els forced to yeeld or denie; it seemeth that he is not to be iudged guiltie, not hauing done any of these, although his sword were lost, which indeed in all mar­tiall exercises, and feates of Armes is a thing much to be discommended. But most certaine it is, that in all Combats and actions, for honor, loue, and praise onely, whosoeuer loseth his sword, must presently also lose the honor and victory.

Two Gentlemen fighting for life within the Listes, the one yeeldeth himselfe a prisoner. Whether may the Prince of the place (who in com­bat is elected a Iudge) saue the life of him that is vanquished. Hereunto may be answered:

That albeit euery prisoner appertaineth vnto his taker, yet hath it com­monly bene vsed, that the victorious haue presented their prisoners vnto [Page 130] the Prince, to be disposed at his good pleasure, who in recompense there­of, doe vse according to the magnanimous mindes of such persons, not onely to pay the charges of the victorious, but also in signe of clemencie and mercie, set the infortunate prisoner freely at libertie. As did the no­ble King Edward the third of England, vnto Iohn Visconti, who in his pre­sence was vanquished by Thomas de la March base sonne vnto the French King. And Philip Duke of Millain did the like vnto an vnfortunate Gentle­man vanquished by a Neoplitane Knight.

CHAP. 14.
Of the honor gained or lost by being disarmed in sundry places, and of sundrie peeces.

A Man that loseth his sword in fight, is more reproched then he that loseth his shield. For he gaineth the greatest honor that winneth the chiefe weapon from the enemie, which is the sword, seeing therewith the Emperour and Kings doe create their Knights, and the sword is borne before them in in signe of authoritie and Regal power.

He that loseth his headpiece in fight, is more dishonoured, then he that loseth his shield, because the Helmet defendeth the most principal part of man, but the shield armeth a lower place.

He that loseth his Gauntlet in fight, is more to be blamed, then he who is disarmed of his Poulderon. For the Gauntlet armeth the hand, without which member no fight can be performed, and therefore that part of Ar­mor is commonly sent in signe of defiance.

He that is cast out of the Saddle by violence of his aduersaries encoun­ter, shal be more reproued, then he who falleth by the default of his horse, the breaking of Girthes, or any such like accident.

CHAP. 15.
¶Of the honor gained or lost by the hurts giuen or taken in Combat for life, or in triumph.

HE that in fight loseth his eye, shall thereby receiue more dishonour, then he that loseth his teeth, because the eye is a member seruing the most necessarie sence, but the teeth are onely instruments of the mouth. He that lo­seth his right eye, is more to be reproached, then he that loseth the left eye, because the right side is in better opi­nion [Page 131] of men. The like is to be sayd of the hands, of the armes and legges. If a man hauing but one eye doe fight with another man that hath two, in losing that one eye, he shall be more blamed, then he who hath two eyes, although he loseth one. He that loseth his whole hand shall be more re­proached, then he who loseth one eye. And he that loseth a foot, is more disgraced then he that loseth one hand.

CHAP. 16.
Of Combats auncient.

TOo long it were to tell the causes, and euent of Combats heretofore performed, by Princes, and other persons of ho­nourable qualitie.

Neuerthelesse, who so desireth to know what was anci­ently done in matter of such quality, let him read the Com­bats of Dauid with Goliah. Of Romulus with Acron: of Marcellus with Vir­dimarus king of France. Of the Horatij and Curiatij. Of Satibarzanes with Erigius. Of Horrates with Dioxippus a Champion. Of Alexander with Porus king of the Indians. Of Titus Manlius with one other Frenchman, of Marcus Valerius with one other Lord of that Nation. Of Ionathas the Iewe with Pudentus: of a Duke of Bohemia, with the Duke of Lancaster. Of cer­taine Christians with a like number of Barbarians. Of Seanderbeg alone, against three other men. Of Valares a Gothian, with Artanas an Armenian, and many others.

CHAP. 17.
The order of Combats for life in England, as they are anciently recorded in the office of Armes at London.

FIrst the Cartell or Bill of Quarrell, aswell of the Challengers behalfe as of the Defenders, was brought into the Court, before the Constable and Marshall. And when the trueth of the cause of quarrell, could not be prooued by witnesse, nor otherwise, then was it permitted the same should re­ceiue triall by force of Armes, the one partie by assayling, the other by de­fending. The Constable as Vicar generall vnto the King assigned the day of battell, which was to be performed within forty dayes next following, whereunto both the Challenger and Defender condscended. Then were [Page 132] the Combattants commaunded to bring in sufficient pledges for suertie, that they and euery of them should appeare, and performe the combat, betwixt the sunne rising, and going done of the day appointed for the ac­quirall of their pledges, and that they nor any of them, should doe or cause to be done any molestation, damage, assault or subtiltie against the person of his enemie, either by himselfe, his friends, his followers, or other per­son whatsoeuer.

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.

[Page 139] 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.

Other Historians haue noted, that some triumphs haue continued more then one day: As Titus Quintius Flaminius held his triumph of the Mace­donians & Grecians, three dayes. Likewise Suetonius triumphed foure daies [Page 140] in one moneth: and Augustus triumphing of the Dalmatians, Acciaci, and A­lexandria, had three chariots for three dayes.

The Triumpher also vsed to carry in his chariot his owne children, which custome Cicero seemeth to confirme in his Oration for Murena, say­ing that Aemilius Paulus caried in triumph his sonne, who within three daies after died.

Adrianus hauing obtained of the Senate to triumph, he modestly refused it, saying, that honour was due to Traianus. And so (as a good Emperour) he caused Traianus picture to be caried in the chariot, fearing that after his death, he should loose the honour of the triumph.

Marcus and Lucius Antonius being brethren, and triumphing together, they caried in their chariot the daughter of Marcus a yong virgin.

Commodus the Emperour, a man of immodest maners, and vnworthy of all Emperiall honour, being returned to Rome caried in the chariot with him his vicious Anterus, who being placed neere his person, as he passed the citie, he ofttimes kissed him publiquely.

Farre otherwise did Seuerus Afer, who being victorious of the Parthians was offered the honour of triumph: which he refused, alleaging he was vnhealthie: and therefore desired his sonnes might be set in the chariot to triumph in his place.

Thus appeareth it that the Romanes accompted no honor too much or too great for those that had in their seruice vertuously employed them­selues. After the triumphall chariot followed the chiefe prisoners bound.

Then came many captaines and souldiers wearing boughs of Lawrel, in signe of victorie. Being also perswaded that by vertue of that tree they were purged of mans slaughter. Lawrell is also a cause of good fortune, and a signe of prosperitie, because it is euer greene and flourishing. As Pli­nie writeth, saying, Laurus triumphis dicatur: Caesarum Pontificum (que) sola do­mos exornat, & ante limina excubat. Yet the same Plinie saith that in times more ancient, he that triumphed, did vse a crowne Etrusca of gold, which by a seruant was caried, and on his finger a ring of yron, to signifie that the fortune of him that triumphed, and his seruant, was alike. In this manner Caius Marius triumphed of Iugurtha▪ yet in his third triumph he ware a ring of gold.

Tarquinius Priscus at his triumph ware a coate of gold, as Plinie and o­thers affirme.

One other custome the Romanes had, and was no ordinance or law, yet precisely obserued; which is, that whosoeuer in any ciuil warre had gai­ned victorie (how notable soeuer) he should not be admitted to triumph: because men therein slaine, were Citizens, and no strangers, which was the reason that Nasica hauing vanquished Tiberius Gracchus and his folow­ers, nor Metellus suppressing Caius Opimius, nor Antonius defeating Cati­lina, were admitted to triumph.

Neuerthelesse when Lucius Sylla had surprised the cities of Graecia, and taken the Marian citizens, he was allowed in triumphant wise to carie with him the spoiles gained in those places.

CHAP. 21.
Of the diuers qualitie of Triumphs in Rome.

SOme Triumphs were full and entire: others of lesse pompe and state, they were called Ouanti. But why they were so called, writers doe not agree.

Triumphs absolute haue bene formerly discoursed. Now are we to speake of meane or halfe triumphs.

Plutarch seemeth to thinke, that who so in this kind triumphed, did sacri­fice in the Capitol a sheepe: but he that was allowed a full triumph, did offer a Bull.

Dionysius sayth, that Ouatio, differeth from Triumphus by this meane. He that entered the city Ouans, had no chariot, nor vsed any regal garment but marched with the Armie on foot. Plutarch likewise writeth they ware in their Crowne no Laurel, but Mirtle.

This kinde of Triumph was instituted in Rome in the yeere 253. ab vrbe condita.

Dionysius and Plutarch, are not of one opinion, why this sort of Triumph was called Ouante. Yet this seemeth the cause.

Posthumius being Consul, in his seruice of the warre proceeded coldly and sparing of blood.

Also in one other expedition before, he fought most infortunately, with losse of many men, and by fleeing saued his owne person.

Other causes do seeme of this Triumph Ouante: as if the warre was not iustly pronounced, or the enemie of base reputation, as a Pirate, a bond­man, or a coward.

So as the victory obtained, doth appeare vnworthy much honour. Ei­ther els if the warre receiued end by word, and no violence. Or if the ser­uice were done in a forreine countrey, by authority of another Prince, or without lawfull aut [...]ority.

Whether the Triumpher Ouante did enter the citie on horsebacke or foot, is a question.

Another vse also the Souldiers had, which haply will seeme strange; that following the triumphall chariot, oft times they vttered scoffes and iests against the Triumpher? Such was the behauiour of Caesars folowers at his Triumph. For among other speeches they vsed these words: Gallias Caesar subegit, Nicomedes Caesarem: & Ventidium Bassum Parthici triumphi die secuti milites decantarunt; Qui mulos fricabat, factus est Consul.

In Rome it was by law prouided that no Captaine should come into the citie before his triumph: So saith Plutarch in the life of Paulus Aemilius.

We reade likewise, all Triumphs were celebrated in Rome onely, two excepted, which seemeth strange. For in those dayes Milan, Aquileia, and Constantinople were cities of great fame.

[Page 142] Papirius Cursor triumphed first in Monte Albano, for his victory against the Corsi: as Plinie reporteth. And Papirius Maso, not permitted to tri­umph in the citie, he triumphed in Monte Albano.

Paulus Orosius the last that hath written of the Roman Empire, saith that the number of triumphs in Rome is 320.

CHAP. 22.
In what order the Romanes triumphed.

THe first triumph in Rome, was that of King Tatius.

Next to him Tarquinius Priscus the King triumphed. But in what sort these Kings did triumph, we cannot finde.

After the expulsion of the Tarquinij, and the death of Bru­tus, Publius Valerius the Consul triumphed.

Then, with greater pomp and admiration the Dictator Camillus trium­phed, who sitting in a chariot drawen by two white horses, entred the ci­tie. Which maner of triumph was neuer before seene, therefore mooued much enuie.

Many yeeres after was the triumph of Papirius Cursor Dictator, who tri­umphed for victorie of the Samniti.

Quintus Fabius also triumphed of the Galli, Etrusci and Samniti.

Then followed againe the triumph of Papirius Cursor the Consul, when he brought home the Armie from Samnio. He furnished his triumph with many prisoners both horsmen and footmen, with crownes Ciuicae, Vallarae, and Murales, cariyng with him spoiles of the Samniti, and leading many honourable captiues: hee brought with him also two hundred thousand and thirtie three thousand pound weight of treasure. All which money was deliuered into the treasurie, and no part thereof giuen to the souldier.

With greater ioy the two Consuls, Claudius Nero and Liuius Salinator, triumphed for their victory, hauing defeated Hasarubal and slaine him, yet was this triumph in magnificence farre inferiour: but the treasure they brought to the city was an hundred thousand pound weight, whereof 23. thousand was diuided among the Souldiers.

But farre more magnificent was the triumph of Scipio, who being retur­ned from Libya triumphed at Rome, in this sort. First hee caused certaine Trumpets to sound: after them followed chariots laden with spoyle: then were caried towers of wood, made for models of those cities which were taken. Next were the cariages of golde and siluer, part whereof was vn­wrought, and part coyne: next were certaine crownes caried in signe of honor at the winning of cities, which were followed with white Buls and Elephants: after them came the captiue Princes of Carthage and Numidia. Before Scipio his person, marched his Lictori or Mace-bearers apparelled in purple, and accompanied with diuers sorts of musicke and singers. These men had on their heads crownes, wearing also garments of silke cut. In [Page 143] marching euery of them one after another, sung some verse in praise of the victory; making also gesture to mooue mirth. The chariot of Scipio was richly wrought with gold, and neere to his person also many sweete per­fumes were burned. The horses of his chariot were white, and on their heads they ware crowns: their foretops and maynes were curled, and dres­sed with gold, and precious stones.

Scipio himselfe was apparelled in purple, embroidered with starres of gold, according to the Romane fashion. In the one hand he bare a scepter of Iuory, in the other a braunch of Laurell, which among the Romanes were signes of victory. About him were caried certaine young boyes and virgins, and at his stirrup marched some young men of his blood. Lastly followed his guard, and their Ensignes, with the army diuided into squa­drons. The Souldiers of best seruice caried in their hand abranch of Lau­rell; and certaine Musicians did sing their praise. Others of no merit bare no Laurell, as persons noted of infamy. By which manner of Triumph, the honour or disgrace of euery one did appeare.

Scipio being thus ariued in the Capitoll, laide aside his pompe, and (as the custome then was) feasted his company in the Temple.

Some time after, Marcus Porcius Cato triumphed of Spaine, with ho­nour comparable. He brought with him twenty fiue pound weight of vn­wrought siluer, and of gold one thousand fiue hundred. To euery footman he gaue two hundred and seuenty pieces: and to euery horseman thrice so much.

About that time, Lucius Quintius triumphed three dayes.

The first day he shewed the Armour, weapons, and ensignes taken from Philip and his cities.

The second day hee shewed the siluer and gold, both wrought and vn­wrought. The siluer vnwrought was eighteene thousand pound weight, and the gold two hundreth seuenty thousand pound weight. Besides trea­sure, were many vessels of all sorts; with them also were many head-pieces, excellently and artificially wrought: ten targuets of siluer, and one of gold: besides great pieces of coyne of incredible poize; among which, was of king Philips coine in gold, fourteene thousand and fiue hundreth and foure­teene pieces.

The third day hee shewed the crownes of gold, and the gifts of cities, wherewith he had beene presented. Before h [...]s chariot marched many no­ble prisoners, among whome was Demetrius the sonne of King Philip, and Armenes the sonne of Nabides the Lacedaemonian.

Then Quintius in person entred the City, his chariot beeing followed with great numbers of Souldiers. Then much treasure was diuided, one part to a footeman, two parts to a Centurion, and three parts to a Horse­man. Those prisoners that were exempt from bondage, ware their heads polled in signe of liberty.

After Quintius, Pub. Cornelius Nasica triumphed for victory of the Boij.

The pompe of Cornelius was numbred among the triumphs of meane magnificence. Hee brought with him the Armes, Ensignes, and Pillage taken from the Gaules. Also certaine noble prisoners and troupes of [Page 144] horses taken from other enemies. Besides these spoyles, he shewed chaines of gold: and one thousand foure hundred seuenty pound weight of siluer, of golde 246. pound weight: in vessels of the French fashion 360. pound weight.

Hee had likewise peeces of coyne whereon was imprinted a chariot drawen by two horses. Of them were a hundred thirty and eight thousand, which were giuen to the Souldiers.

Now may we not omit the triumph of Marcus Flauius, who determined to triumph: but hearing Aemilius was comming to Rome, hee fell sicke, and deferred his triumph to auoid contention. The next Ianuary he triumphed of the Etoli and Cephalonia. Before his chariot were caried crownes of gold weighing an hundred and twelue pounds, of siluer 83. pound weight, with other spoiles incredible.

Ouer long it were to tell of all the Romane triumphs, and their magnifi­cence, being greater then can be expressed.

Let vs only remember the triumph of Gaius Manlius, who brought in­to Rome 200. kings crownes of gold, 220. thousand pound weight of sil­uer, with other coynes of diuers Nations. Hee caried also great spoiles, ta­ken from King Alexander, and from the Gaules. In this triumph he set before his chariot two and fifty captaines prisoners, and rewarded his owne soul­diours abundantly.

CHAP. 23.
Of other furniture and pompe appertaining to triumphs in Rome.

IN those ancient times, the Triumphs were also ornified with Arks, Pillars, Obelisks, Pyramides, & diuers demon­strations of magnificence.

Who so had prosperously preuailed in the warre, and obtained victory in any forrein Countrey, did commonly erect an Arke triumphall, whereon was grauen or painted his proceeding in the victory. Plinie writeth that in his life, these triumphall Arkes were first made, and by the Triumphers offered to Iupiter in the Capitol.

The most ancient Arke now extant in Rome, is that of Titus, before whose dayes Portratures, & many other triumphal ornaments were in vse; whereof to speake now were tedious.

CHAP. 24.
The triumphall going of Darius to meete Alexander the Great.

TO speake of all Romane triumphs were a matter infinite: wee will therefore cease to say more of them, and speake of others performed elswhere. And first how Darius marched to meet with Alexander.

The Persian vse was, that so soone as the Sunne shined in the morning, a trumpet was sounded in the Kings Pauilion, which war­ned euery man to come forth.

Vpon the roofe of the Kings Pauilion, an image of the Sunne closed in Christall was set, which shined exceedingly, and might bee seene many miles.

The order of the Kings company, when he marched, was this:

First the fire (which they called holy and euerlasting) was caried vpon Altars of siluer.

Next to those Altars went the Magi or sorcerers, singing certaine Per­sian verses.

The number of the Magi was three hundred three score and fiue.

After them followed 365 yong men, in Carthagenian attire, for the Persian yeere containeth euen so many dayes.

Then a chariot consecrated to Iupiter did follow, euer drawen by foure white horses of exceeding greatnes: they called those, Horses of the Sun. Their raines were of gold, and their furniture white.

Not 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.

[Page 146] 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.

[Page 147] 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 Limpu [...]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.

[Page 148] 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 Charles Lord of Hohenhuwen, of Sueuia.
• 2 George Lord of VVolffartshausen of Bauaria.
• 3 Meinolphus Lord of Erbach, of the Rheyn.
• 4 Ernestus Grumbach Esquier.

The Actors in the first Triumph, whose names were enrolled, and pre­sented vnto the Emperour, were in all 390. Among whom, These were the Emperours band.

• The Duke of Holland.
• The Prince of Pomeran.
• The Prince of Saxon.
• The Prince of Thuringia.
• The Burgraue of Meyd­burg.
• The Prince of Witten.
• The Prince of Russia.
• The Prince of Delmantia.
• The Count of Thuringia.
• The Marques of Staden.
• The Prince of Ascania.
• [Page 149] The Earle of Aldenburg.
• The Earle Valesius.
• The Earle Harracortius.
• The Earle Schuuartz­burg.
• The Earle Weissenfels.
• The Earle Gleichen.
• The Burgraue of Leisneck.
• The Earle of Eberstein.
• The Earle of Eysenburg.
• The Earle of Rotel.
• The Earle of Winssenburg.
• The Earle of Wunssdorff.
• The Earle of Vffen.
• The Earle of Louenrode.
• The Earle of Rochlitz.
• The Earle of Piedmont.
• The Earle of Alençonius.
• The Earle of Bren.
• The Earle of Leisneck.
• The Rawgraue of Cassell.
• The Earle Woldenburg.
• The Earle of Eskersberg.
• The Earle of Pein.
• The Earle of Arnsshag.
• The Earle of Lobdiburg.
• The Earle Nortingen.
• The Earle of Ployssigk.

After the Emperour followed the Palatine of the Rheyn with his band, containing 80. persons, among whom were 7. Princes and 16. Earles, viz.

• The Duke of Alsatia.
• The Duke of Barry.
• The Marques of Pontamonsa.
• The Duke of Lymburg.
• The Duke of Burbon.
• The Duke of Limburg.
• The Earle of Burgondy, and others.
• Next to him followed the Duke of Sueuia with his band, containing 82. persons, of which number 9. were Dukes and Princes.
• Next followed the Duke of Bauaria with his band containing 69. per­sons, of whom 8. were Dukes and Princes.
• Next followed the Duke of Franconia with his band, containing 80. persons, of whom 4. were Princes.

Besides these Bands appertaining to the Emperour, and the 4 principal Princes of Germany (being the chiefe Nobility and Gentlemen) yet other Princes also offered their Bands. viz.

• Otho Duke of Thuringia the Emperours eldest sonne, presented 112. persons: of whom 8. were Dukes or Princes.
• Likewise Arnoldus the Emperors second sonne presented 85. persons: among whom some were also Princes.

To conclude, the number of Princes, Lords and Gentlemen that ap­peared in these triumphes (before the fourth triumph was ended) amoun­ted vnto two thousand persons.

Then was there charge and commission giuen to Georgius Scuuabenlant to be the Herault and pronouncer of all Orders and Ordinances concer­ning those affaires. He also tooke notes how euery man was mounted, ar­med and furnished. To him also appertained the publicatio [...] of what ho­nour or dishonour euery man deserued: and therewith to perswade that no malice or quarrell should be among the Actors, but euery one with an honourable emulation to do his best.

[Page 150] This Officer also proclaimed the priuiledges, and what Armes were to be vsed: and that done, he assigned place where euery band should attend, and in what order they should runne: which were long to be rehearsed.

The troopes of Lances thus marshalled, the beholders were permitted to enter. But first of all the Princes, Ladies and women of honour did take their places, of whose beauty, pompe, and rich attire no man needeth to doubt. These women thus prepared, in passing to their places (with due reuerence and thankes) set them downe: and the courses being runne, de­sired that euery Actor might receiue the praise he deserued. Therewith al­so, that the chief prizes might be allotted to the 4. Kings appointed for the next triumph, which should be celebrated at Rauensburg vpon S. Iames day Anno 941. which was 3. yeeres after this present triumph.

The prizes were deliuered according to the praises and pleasure of the Ladies.

CHAP. 27.
¶Of Triumphs at the interuiewe of Pope Alexander, and the Emperour Foedericus Barbarossa, at Venice. Anno 1166.

ADuertizement being giuen to Venice, that the Emperor re­solued to come thither, Piro Zinzano the Dukes sonne, was sent with sixe long Galleyes to meete him at Rauenna. After them were dispatched a great number of lesse vessels.

The Emperour being arriued at Venice, the Pope was set in a rich chaire at the Church doore, and there taried his comming. Be­fore the Popes feet, a carpet of purple was spread vpon the ground.

The Emperor being come to the sayd Carpet, forthwith fel downe, and from thence (vpon his knees) went towards the Pope, to kisse his feete: which done, the Pope with his hand, lifted him vp.

From thence they passed together vnto the great Altar in S. Markes Church, whereon was set the Table of precious stones, which at this day is reputed one of the richest treasures of Europe.

Some haue reported, that there the Emperor did prostrate himselfe before the Altar, and the Pope set his foot vpon his necke.

While this was in doing, the Clergie sung that Psalme of Dauid, which sayth: Super Aspidem & Basiliscum ambulabis.

Which the Emperour hearing, sayd, Non tibi, sed Petro. The Pope re­plied, Et mihi & Petro.

After some dayes abode in Venice, the Pope departed by sea to Ancona, and the Emperor towards Germany by land, either of them accompanied with Gentlemen Venetians in great number.

CHAP. 28.
¶An admirable triumphal shew, at Venice, to congratulate the recouery of Cyprus. Anno. 1366.

AFter thankes giuen to God for the recouery of this Island, euery man endeuoured to make demonstration of gladnes; wherin no cost in banquetting or other solemnization was omitted.

Among these shewes of triumph and iolitie, two sights there were most admirable, and neuer before that time seene: the maner of the one was a representation of Iusting on horsebacke.

For certaine portratures or images of men and horses were so made, of skinnes clothed in silke, with Lances and Shields, as the wind by a straight line forced them to runne one encountering the other, like to a course of the field.

The other was like vnto a combat: where armed men did seeme to fight, both which shewes were in the streete.

In the first the Actors were only 24 yong Gentlemen Venetians, for personage, apparell, and yeeres very commendable. The inuentor and di­rector of these pastimes was Thomasso Bambasio, who for such deuises and action was in Venice esteemed, as in old time Roscius had bene in Rome. Surely it seemeth strange, that so many men richly attired, and so many horses brauely furnished, could be managed with so great dexteritie: and one hauing ended his courses, another was presently ready to supply that place. In the meane while the Lances did seeme broken, and the splinters flie about.

The duke with al the Nobilitie of the city, beheld this miraculous sight, and so did a multitude of people.

Among these beholders (as mine Author sayth) were diuers Noble men of England, who trauailed to Venice, purposely to see the maner of this Triumph, and the Actors.

CHAP. 29.
A Triumph in the reigne of King Richard the second, 1390.

THis noble Prince being aduertised, with what magnificence and pompe, the Queene Isabella of France had made her en­try into Paris, thought good to appoint a militarie triumph at London, wherin appeared sixty Knights, and so many faire young Ladies of his Court sumptuously apparelled.

With this troope, his Maiestie rode from the Tower of London vnto Smithfield: and passing thorow Cheapeside a proclamation was made, that on Sunday and Munday next following, these Knights would attende there to challenge all commers.

For him that deserued best in this Iust (if he were a stranger) the Queene and her Ladies had prepared a crowne of golde: or if he were any of the sixty English Knights, he should receiue a rich bracelet.

The English Knights likewise promised to giue vnto the stranger of best desert, a faire horse with his furniture: or if he were an English man, hee should receiue a Falcon.

This challenge and these prizes had bene by a King of Armes formerly proclaymed in England, Scotland, France, Flaunders, Brabant, Henault, and Germany: which mooued many persons of Honour and reputation to come hither. Among whom was William of Henault Earle of Oye or (as some did call him) of Ostrenant, a young Prince much delighting in Armes.

This Noble youth desirous to honour the King of England his kinsman, drew into his company many Gentlemen of his Nation, with whom hee passed into England.

Then resoluing to performe that iourney, thought good to take the con­sent of Albert his father, Count of Henault, Holland, and Zeland. Of whom with great difficultie he obtained leaue.

The like desire to honour the King, mooued the Earle of S. Paul, who had married the Kings sister. And he brought with him a great troope of gallant Knights.

These two Princes came first vnto Calis, where they found English ships readie to transport them. But the Earle of Oye passed ouer first: and being come to London had accesse to the King: of whom he was with great ioy embraced. The like courtesie he found in Iohn Holland the Kings brother, 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 [Page 155] 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 silke of diuers colours, garnished with gold. The first of them did come vnknowen clad in white, supposed to be the Prince himselfe.

• [Page 158] Mutio Sforza, in Ash colour.
• The Count Philippo Tornello, in skie colour.
• The Count Francesco Bene­uentano, in yellow.
• Ramando Cardona, in Greene.
• Alessandra Gonzaga, in Murry.
• Count Caetano, in White and Blacke.
• Ferdinando Noya, in gold colour.
• The Castellan of Cremona, in Blacke.
• Nicolao Rusterla, in Wax colour.
• Il Signior della Trinita, in Blew.

From Milaine this Prince passed into Germany, followed with these Lords and Gentlemen, whose names are vnder written.

• The Duke of Alba.
• The Duke of Sessa.
• The Admirall of Castilia.
• The Marquesse of Astorgo.
• The Prince of Ascoli.
• The Marquesse of Pescara.
• The Duke of Ferendina.
• The Duke of Monteliano.
• The Count of Lunensa.
• The Count of Cifanta.
• Lodouico Dauila, gran Commenda­tor.
• Gomesio à Figureia captaine of the guard.

• Don Francesco Astense.
• Marchio à Naue.
• Comes Oliuarius.
• Don Iacobo da Azeneda.
• Gualtero Padillano.

• Don Antonio Rosano.
• Rogomes a Sylua.

• Don Gabriel a Cuenta.
• Marchio Falcesio.
• Don Barnardindi Mendoza.
• Don Alphonso Fonario.
• Don Iacobo di Cardona.
• Don Iacobo di Achuna.
• Don Henrico Erugues.
• Don Barnardo Manriques a Lara.
• Don Iuaro a Seiauerda.
• Don Michael a Luna.
• Don Lodouico a Cardona, with o­thers, to the number of 97. Lords and Gentlemen, twen­tie Pages, besides Officers and Grooms: Harquebuziers two hundred, Lances an hundred.

CHAP. 38.
¶A Militarie challenge in Italy 1555.

AT such time as the French king with his armie remained at Ast, the Emperiall campe not being farre from thence, cer­taine French Lords challenged the like number of Italians to breake sharpe Lances for their mistresse loue: in which action they would hazard both honour and life. The Empe­riall Lords accepted the challenge.

[Page 159] Thus the match was concluded: yet the French fearing some subtiltie (because the countrey fauoured the enemy) procured Monsieur de Ther­mes with fiue hundred horse and 200. footemen to lye neere the place, to the end he might defend his friends, if need should require.

The first courses were performed betweene the Duke de Nemours and the Marquesse of Pescara, who hauing ended their courses with honor, they embraced one the other, and so gaue place.

The next that presented himselfe, was Monsieur de Classis sonne and heire of Monsieur de Vasey, a Knight of the Order and Captaine of fifty men at Armes: against whome came the Marquesse Malespina, who in that en­counter was sore hurt and dyed.

The third courses were betweene Monsieur de Mauns a Leader in the French Army, and a Spanish captaine called Alba. In which reencounter the Frenchman was wounded in the necke, and the fourth day after died.

The last was betweene Monsieur Monshany, and the Earle Caraffa a Nea­politan, whose encounter was so violent, as with his Lance he pearced tho­row the Armour and body of the Frenchman, so farre, as an Ell thereof was seene at his backe, whereof hee presently dyed. So was both parties partakers of misaduenture.

CHAP. 33.
Of Triumphant chalenges in France.

NOw to th' end it may appeare, that our Gentlemen of Eng­land haue bene no lesse desirous to honour their Nation in forraine countreys, then willing to aduance the renowne of their Prince at home: it shall not be (as I thinke) offensiue to remember some triumphal actions by them performed in forraine countreys, as writers haue well obserued: wishing our English Armorists and Historians, were of like care to conserue al memorable acti­ons, tending to the honour of their owne Prince and countrey. Of which acts it seemeth there are many worthy to be remembred. For when the Duke of Buckingham, or (as mine Author calleth him) the Erle of Bucking­ham, remained gouernour of the Kings Armie in Bullonoys, a certaine Frenchman approching the Campe, with a lowd voice asked if any Gen­tleman there had a mistresse, or other beloued Lady, for whose sake and honour, he would breake three Launces, and aduenture three encounters of his sword. This proud Challenge being heard by the English men, one Ioachimus Cathorius (as the Author calleth him) a braue English Gentle­man stepped forth: which the Lord Fitzwater (then Marshall,) seeing hee foorthwith sent word vnto the Frenchman (whose name was Gauuenus Mi­celleus) that he should be presently answered. Whereof the French Gen­tleman very glad, returned to his friends, & furnished with three Launces, three Maces of yron, three Swords, and three seruants to beare them, pre­sented [Page 160] himselfe before the English Armie. The English seeing him in this sort prepared to maintaine the challenge, much marueiled thereat, supposing that no Frenchman had dared to encounter the force of an English Souldier.

The brute of this brauado foorthwith was dispersed through the Armie, and at last the Generall became thereof enformed, who desirous to behold the combat, mounted on horsebacke, accompanied with the Earle of Staf­ford, and the Earle or L of Deuonshire.

The Duke and other beholders thus assembled, the Challenger and De­fender begun their courses: but by default of the horses, their Launces missed at the first, and at the next incounter very lightly th' one touched the others Armor.

The Duke beholding in what estate the matter stood, and perceiuing night at hand, commanded the conflict should cease til an other day: and in the meane space required the Frenchman might be well entreated.

The next day of triall being come, th' one and th' other appeared, and with much commendation brake their Launces. That done, they came to the sword, th' one assaulting th' other furiously, till they were both hurt; which the Duke perceiuing, caused them to be parted, and the Frenchman by an Herault was safely sent home to his friends.

CHAP. 34.
Of one other like Militarie action betweene fiue English Gentlemen, and fiue French.

ABout the same time, and in presence of the said Duke of Buckingham, one other conflict on horsebacke was perfor­med betweene fiue French Gentlemen, and the like num­ber of ours, who gained the chiefe honour.

I dare not (for feare of mistaking) set downe their names in English, but thus I finde them in Latine: On the French party was No­thus Clarus a Pimontesse, Tristamus Iailleus, Ioannes Castelmorantius, Galleus Aunoeus, Dom, Hoyauius Ameus.

The Englishmen were Edwardus Bellicampus the son of Roger, Iohannes Ambreticortius, Ionaquinus Clitonius, Gulielmus Clitonius, and Gulielmus Francus.

CHAP. 35.
Of one other like Action.

IT happened that certaine English Gentlemen hauing ser­ued in the warre of France, determined to returne home, and obtained license of the Constable that so they might doe. Their names do seeme to be Iohn Fitzwarren, William Clinton, Iohn Burley, and Nicholas Clifford. They being vpon their way, one (whom mine Author calleth Ioannes Boucmelius a French Gentleman) did ouertake them: and hauing before that time spoken with Nicholas Clifford touching matter of Honour and Armes, asked him whe­ther he could, before he departed, consent to make triall of his vertue, by breaking of three Launces. With all my heart (quoth Clifford) for 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 shalbe brought vnto vs, and of them the choise shalbe 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 [Page 162] 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.

[Page 163] 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 grea [...] 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 [...]ou; not for malice to your person, or gloriously to boast of my valour, but for conseruation of the fame and honor due to our French na­tion; where neuer wanted Gentlemen to answere in Armes, when any English man should challenge.

[Page 164] Well (quoth Sir Peter) you say well; and with good will I accept your challenge: and to morow I will not faile to attend you armed, with three Launces, according to the custome of France.

This agreement being made, Sir Peter went foorthwith to Calice, there to furnish himselfe of Armes fit for the Combat. And making the Lord Iohn Warren (then Gouernour) priuie to what was intended, the next day hee returned to meete Mounsieur de Clary betweene Bullaine and Calice: thither also went the Gouernor, and other English Gentlemen to behold.

The courses betweene these Champions being begun: at the first en­counter either partie brake well: but in the second encounter by default of the English Knights Armour, he was hurt in the shoulder, as other En­glish Gentlemen did well see: which moued the Gouernour of Calice to say vnto Mounsieur de Clary, You haue dealt discourteously, to hurt Courtney when his Armour was broken.

I am sory (quoth Clary) but in my power it is not to gouerne Fortune: what is happened to him, might likewise haue come to me.

The matter standing in these termes, Mounsieur de Clary returned into France, supposing he had deserued great commendation. But being come to the Court, the King, the Duke of Burgundy and Trymoulie himselfe bla­med him: and the Counsel of France gaue sentence that his goods should be confiscate, because the King hauing commanded that Sir Peter should be without offence peaceably conducted to Calice, the matter was other­wise handled. To be short, Clary was brought to the Kings presence, and by the Counsel asked what reason he had to take Armes against amy man whom the king expresly had commanded to defend.

These words much perplexed Clary, and the kings offence did greatly amaze him. Notwithstanding with a good courage he sayd, that what was enioyned him to doe, he had most faithfully performed: But Courtney with insolent speech taxed him and all the French nation; which without dis­honor might not be endured: He therfore thought not only to haue bene free from blame, but also merit commendation. yet (quoth he) seeing my expectation faileth me, I submit my selfe to the censure of the Constable and Marshals of France. I also will endure the iudgement of Courtney him­selfe and all other men of Armes in the kingdomes of France and England. All which excuses & submissions notwithstanding, he was committed to prison and his goods confiscate, til at the humble and earnest suit of Moun­sieur de Coucy, the Duke of Burbon, the Earle of S. Paul, and the Englishman (to whom he had done wrong) hee was restored to liberty. Then said the Constable, Doest thou thinke ( Mounsieur de Clary) to haue done well or ho­noured the French nation by taking Armes against Courtney, who was re­commended vnto thee? If ought hath bene by Courtney spoken in preiu­dice of the French Nobility, thou ought haue complained thereof to the king, and then haue proceeded by his Maiesties direction. But the matter was not so handled by thee, which is cause of thy punishmēt. From hence­forth therfore be more aduised, & for thy liberty giue thanks vnto the duke of Burbon, Mounsieur de Coucy, & the Earle S. Paul, who haue exceedingly en­treated to compasse this fauor. Such was the end of this military Action.

CHAP. 38.
¶One other most noble Challenge.

THe strange euent of the former conflict betweene Court­ney, Trimolie, and Clary, mooued the Ladies of the French Court to incite Bouciquant, Roy, and S. Pie, to attempt some new feates of Armes vpon the confines of the King of En­glands possessions in Picardy.

This generous motion proceeding from the Ladies, was easily appre­hended by the French Lordes and Gentlemen; and chiefly those three a­foresaid, beeing (of all others) most desirous of same and military glory. The King being made priuie to this intention, commanded those three Gentlemen to frame a forme of Challenge in writing, which should be al­lowed or reformed, as to his Maiestie should be thought good: which was done accordingly, containing this in effect.

THese Letters shewed to the King, were imparted to his Counsell: who considering their tenor, deemed them to be presumptuous (chiefly in respect the place appointed was neere vnto Calis: which haply might call into question the truce taken for three yeeres.) Whereupon some of the most ancient Counsellors, thought it vnmeete to permit the Challenge. [Page 166] But others perceiuing the Kings inclination, did allow thereof, because the words of challenge, were modest and reasonable.

The matter thus debated in Counsel, the King called into his chamber all the three Challengers, to whom he said thus, Bouciquaut, Roy, and you S. Pye, behaue your selues well, and with respect both to priuate and pub­lique comelinesse, performe what you haue in hand. As for charge, spare not, for of our bountie we wil bestow vpon you ten thousand Florins, to be discreetly spent to your owne honour. Then after most humble thankes giuen vnto his Maiestie, they determined to send the proclamation of their Challenge into diuers countries, but chiefly into England.

The proclamation being in al places published, euery courageous Lord and Gentleman put himselfe in readinesse: and first of all the English, be­ing perswaded, that in respect they were neerest, it behooued them to ap­peare soonest. Therefore before all others, these Englishmen determined to make proofe of their fortune.

• Iohn Holland.
• The Earle of Huntingdon.
• Iohn Courtney.
• Iohn Goulonfee.
• Iohn Russell.
• Thomas Scrope.
• William Clifton.
• William Clinton.
• William Tailboys.
• Godfrey Seten.
• William Hacklet.
• Iohn Dabridgcourt.
• Henry Bewmount and others, to the number of one hundreth or more,

went into France to shew their vertue in that Challenge. Besides them al­so many others did passe the seas, to see what should be done.

The first Englishman that passed the Sea, was Iohn Holland brother to the King of England, hauing in his traine Noblemen and Gentlemen of note, about 60. who were all lodged within the towne of Calis.

The Challengers then hauing prepared themselues, arriued at Bullaine, in the beginning of May, and were lodged in the Abbey where they were enformed of the excellent furniture which the English had brought; Whereat they reioyced and made the more hast to their businesse. Then they caused there greene Pauilions to be set vp, betweene Calis and Bullen.

At the doore of euery Pauilion, a shield was hanged, which any man (desirous to fight) might at his pleasure touch.

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 mid­way) 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.

[Page 171] 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 Counsellors besought the King that in respect the weather was exceeding hote, his Maiesty would be pleased to moderate his motion, and for that day cease from running: adding this perswasion, that it was vn­fit a King should in such disports hazard his person; which perswasion for the present preuailed. But his Maiesty (as it were drawen on by fatal force) would in any wise the 3. day returne to the Tilt, either to make further tri­all [Page 172] of his valour, or thereby (as some supposed) to honour his daughter, to the vttermost of his power.

That day his Maiestie in all princely pompe appeared: his person and horse also being more richly furnished then any pen can expresse.

The first courses his Maiestie performed fortunately, with marueilous applause of the beholders.

At the fourth course, by marueilous misaduenture, he became hurt with a splinter of the aduersaries Lance, which pearced his eye so deep, as there­by his braine was much bruised. Thus was the Nuptiall feast disturbed, and ioy conuerted to sorow. Such is the state of worldly things, gladnes is euer followed with sadnes, and pleasure accompanied with paine.

The rest of the troupe there ready to runne, were with that accident marueilously amazed, and not knowing what to doe, euery man let f [...]ll his Lance, and cursed all such triumphs.

Some preassed to carie his person home, and others (as touched to the heart) shut vp their eyes from seeing a spectacle so lamentable.

The Ladies likewise and Gentlewomen of the Court, turned their faces from beholding, and closed vp their eyes with teares. To conclude, the whole number of Courtiers were striken with sorow not explicable.

The Citizens likewise, and generally all the subiects of that kingdome, were perplexed, to see the tragical euent of that disastrous triumph: which was intended to congratulate a new peace and an honourable alliance.

The forme and face of the citie thus conuerted from exceeding ioy, to vnspeakeable sorow; some helde vp their hands to heauen, others made haste to the Churches, and euery one with abundance of sighs and sobs, cried out, beseeching God to grant the King recouery: as if euery mans well doing had thereon depended.

How vnpleasing these newes were to the King of Spaine, euery one can conceiue.

Then the Physicians and Chirurgions, not onely of France, but of the Low countreys also came thither to shew their skil, vsing all Art and ende­uour that might be: but the splinters of the Lance had pearced the Kings eye so deepe, as the tendernes of the place could not suffer it to bee taken out, nor seene, (the braine also being pearced) no meane there was to cure the wound. The King therefore tormented with extreame paine, fell in­to a burning Feuer, whereof in the end of eleuen daies he died In all which time he did neuer weepe, or speake any word that might be imputed to pu­sillanimity; but most magnanimously tooke leaue of life: Onely thus he sayd, that seeing he was destined to die in Armes, he would haue bene much better contented, to haue lost his life in the field, then in those dome­sticall pastimes. Let this accident therefore remaine an example to all princes neuer to aduenture their owne persons vnnecessarily, considering their onely liues is the welfare of infinite others.

CHAP. 41.
A Militarie triumph at Brussels, Anno 1549.

A Fained fortresse, with Trenches, Baracadoes, and other fur­niture of defence was erected. On the roote wherof a sword of gold was set, adorned with precious stones.

This Castell was inuironed with water, like to an Iland: and impossible it was to mount vnto the walls, but by de­grees and staires exceeding steepe.

This yland was called Insula Fortunae, which is the yle of Fortune: others named it Insula periculosa: the perilous yland.

Vpon the water which inuironed the Castell, a ship of gold did alwayes ride at Anker, with sailes of red silke and gold. Neither was any thing else wanting to illustrate the beautie thereof.

On the first gate was painted a roaring Lion of gold, which picture shi­ned very gloriously: and neere to it was a posterne gate, the name where­of was Porta terroris: which is the gate of terror.

Betweene the water and the gate was a large Court: and there hanged a large white Shield, and therein was painted a blacke Eagle.

Neere to that place was a Turret, whereinto no man could come, vntill he had passed many doores: it was called Transitus periculosus, which is, the perilous passage.

Not farre from thence was a Pillar of no great height, yet broad and square, and thereon was painted a red Griffin, vnder which signe were gra­ued the Lawes of that yland in three tongues.

The first passage to the Castell was kept by the Knight of the red Grif­fin: who was indeed the Earle Aringberg.

The second passage was kept by the Knight of the blacke Egle: that was the Erle Hoochstrat.

The third passage next the yland, was kept by the Knight of the golden Lion: which was the Earle of Egmond.

Within this Castell, called Arxtenebrosa; remained the L. Corbaron go­uernour to the Prince Aurasina, who had before wonne it by art Magicke: and now by conuerting the letters of his name backeward, named him­selfe Norabroc.

Before euery of the foresaid gates, a magnificent Pauilion was erected, and therein the Earles with their troupes attended their enemies.

Then was there a petition presented to the Emperour, against Norabroc the Magician, for that hee by his diuelish art and force of the inchanted sword, had surprised many noble personages and worthy Knights, now prisoners in the Castell of darknesse.

And forsomuch as it hath bene prophesied, that the glorious expugna­tion of this Castell is destined onely to the most vertuous and fortunate [Page 174] Prince liuing vnder the sunne (who can be no other then the excellent Prince of Spaine) sonne to the most inuincible Emperour Charles) they humbly desired, that he with his Knights might attempt the enterprise.

The Emperours license obtayned, the three Knights within the darke Castle, came foorth to encounter all those that durst assayle them.

The first that appeared, called himselfe the Darke Knight, followed with one onely seruant to carry his launce. His armour was blacke, and his apparell course: Of the same colour was the attire of his seruant, and the furniture of his horse. But the assault no sooner was made, but he re­tired into the Castle. Norabroc had euer sixe Gentlemen apparelled in red and yellow, readie to receiue such Knights as went out or in.

Those sixe were attired after the Hungarian fashion, wearing on their heads Turbants.

These men had charge of the bridge, to let in euery Knight that would fight. This Darke Knight was the Lord Chaumont: and he that encountred him was the Knight of the red Griffin, otherwise called the Earle of Aren­berg. His armour was all gilded, and ouer it hee ware an arming coate of siluer cloth, very rich. In his crest he also ware feathers white and ver­milion.

The Darke Knight thus retired to the Castle, three other Knights ap­peared in coates of blacke cloth of gold, and in their crests they ware fea­thers of many colours. Before them rode a young man apparelled like to a woman, after the most anticke fashion.

That woman was mounted vpon a fish, and by her a footman did runne. She complained and bitterly cursed one, by whom she had bene iniured.

Then the Knights who accompanied her, promised to be reuenged, and presently determined to assault the Iland.

The first of these three Knights bearing many colours, was Yuan Cunia the Spaniard: who at the second course, hurt the Earle Arenberg very sore; and hauing lost the vse of one finger on his right hand, he ran no more. In his place therefore succeeded, a Knight vnknowen, wearing the signe of an horne. Then came the Earle Hochstrate in white siluer: wearing on his breast a rose. And although he perfourmed his part well, yet was he forced to dismount.

The Earle Arenberg beeing wounded, in his place one other of three knights errant, did come: who was the Lord Hubermunt of the Emperors Chamber.

The third Knight was Peter Ernest Earle Mansfield, calling himselfe Knight of the white Moyle. Against him came the Knight of the golden Lyon: vpon whom the Earle Mansfield brake three swords: but the fourth sword by misaduenture fell out of his hand, and thereby he forced to be­come prisoner. And this was the end of that dayes conflict.

The next day soone after dinner, out came the Lord Pelous of Burgundy called the Knight of the greene Shield: hee and his horse were furnished with gold and greene. The first three encounters he made against the Lord Thourlo, were to good purpose: but beeing come to the Sword, it was by force wrested from him, and he caried to prison.

[Page 175] Then followed Rodorigo Bassano a Spaniard, called Pedro Vermandesio, who within three encounters was taken.

The Lo. Courlan a Burgundian, called Knight of the three Starres, all in greene, desiring to be reuenged, was also made prisoner.

The next day Peter Ernestus Earle Mansfield desired againe to try his for­tune, calling himselfe the feathered Knight. But at the second encounter his aduersaries Launce brake the sight of his headpeece, and cut his nose, wherewith he fell downe dead: yet because the armour was good and the violence of the blow broken, he recouered.

After Mansfield, followed the L. Noyel a Fleming: who after a little fight before the tower of Terror, where he fought with great courage, was for­ced to yeeld.

Then Iacomo di Leyua a Spaniard (called the Indian Knight) attired in blacke, after the second course yeelded himselfe.

Next to the Spaniard entred two Knights in red cloth of Tissue, richly embrodered with gold: they called themselues Knights of Hungary. The one was the Prince of Ascoli, who at the first encounter yeelded himselfe: neither had Giacobo a Cunia (called also Gonartus a Stella tenebrosa) better fortune: for at the first course he was taken.

The first that entred the Iland by force, was Iohn Guixada sirnamed Guli­elmus Superbus: Hee, apparelled in blacke tissue embrodered about with gold, by force of Armes brake into all the passages; and then by aid of the Lord Bossuuio master of the Emperours stable, was receiued into a Barke, hauing sayles of white and red silke. So being landed in the Ile, he attemp­ted to winne the precious sword. And though his attempt prooued vaine, yet in approbation of his valour, the Queene did giue him a crowne.

Next to him his brother, with equall fortune, entred the Iland: men cal­led him Iohn Lodouic Guixada, who for his hardy enterprise receiued also a garland.

The like successe had the Duke of Arscot his brother, who with the Marquesse of Cieura (called Knight of the red Shield, wheron were painted three Mores heads) entred the Ile. Likewise Ferdinando della Zerda a Spa­niard (called fortunes Knight) hauing slaine the guard, was also crowned.

The next day also Monsieur de Chaumont, called the sodaine Knight, and one other Knight named Florestan which was the Lord Valous, both Flemings, yeelded their charges.

The fift man that entred the Ile, was Lodouico Zapatta a Spaniard: his garments were of yellow cloth of gold. But Iohn Zeuendio a Spaniard also, called the sorowfull Knight, was forced in the first straight to alight, & was presently ledde into the darke fortresse. The like fortune had Monsieur de Moncean named Knight of the Mistie mountaine.

The sixt that entred the Ile was the Earle of Megen, otherwise the Knight of the Sunne. His apparell was blacke cloth of gold. The like good hap was like to befall vnto Monsieur Champagni, but his horse encountring an enemy at the chocke, amazed him so much as he fell downe and was taken prisoner.

The seuenth garland Gaspero Roblesio a Spaniard gained. He being called [Page 176] Knight of the Moone, recouered the second passage, complaining vnto the Earle of Egmont, that the Iudges without desert had giuen honor to Mon­sieur de Truilier a Frenchman.

But Monsieur Querenaut a Knight errant, encountring Monsieur Preux called Knight of the Rose, tooke him prisoner. Then Garna ab Ayala a Spa­niard, called the Knight of Death, all in blacke poudered white, came foorth to fight. Before [...]im the Queenes Musicians went singing a funerall tune; which prognosticated his misaduenture: for at the first encounter he was taken.

Then appeared one called Knight of the Bas [...]lisco, beeing indeed Mon­sieur Myngoual, who in a fight on foot gained great honour: but at his first encounter on horsebacke he became prisoner.

The eight garland Monsieur de Mally a Flemish Gentleman, and a fol­lower of the Duke of Arscot, obtained. That Knight was brauely furni­shed in white siluer, and called himselfe the furious Knight.

Last of all, the prince of Spaine with his Band of Knights appeared: their attire was vermilion cloth of gold, wrought with flowers of siluer, and gar­ded about with lace of gold. The Caparisons of their horses were of the same. Also the Saddles, the Petrels, Croopers, and Girthes were of ver­milion silke, mixed with gold; so was euery mans scaberd, and all the fa­uours in their Creasts were made of white and vermilion red. The chiefe Knight of the princes company was the Marques of Pescara, sonne to the Marquesse of Guasta in Italy, who called himselfe Knight Anonius; a beard­lesse yong man, yet so valorous, as in that fight he receiued a crowne.

Next to him was the Baron, Noirquerk, a Fleming, called Knight of the the Rose: a gallant Gentleman, yet at the first encounter taken prisoner.

The third was the Marquesse of Monte, Knight of the Skie, because his Armour was of that colour: Hee passed the Strait, but further hee could not goe.

The fourth was the Prince of Piemount and Duke of Sauoy, whose vertue merited a garland, but his sword could not gaine more ground, but onely to enter the Iland.

The fift was the Prince of Spaine, who brake his two first Launces with great courage: and the third was torne with so great violence, as thereof ten pieces were seen to lie on the ground.

These courses furiously perfourmed, he drew forth his sword, and with marueilous speede pearced further into the Iland: till in the end of three assaults, he gained the place where the fatall sword was: whereof hauing layd hold, he flourished ouer his head, and forthwith the misty cloudes of darkenes vanished: so, as euery man might see all places of the Castel.

The darkenes of the fortresse thus driuen away, the Prince with his in­chanted sword touched the wals: and immediatly they fell downe.

The castel thus demolished, the Inchanter Norabroc, with a Turkish cap on his head, came forth: and kneeling on his knees, desired the Princes pardon. Therewith also he set at libertie all the knights whom he held in prison, and they being free, in triumphant wise fo [...]lowed the Prince to his Court.

CHAP. 42.
The inauguration of Carolus Magnus King of Italy, Anno 773.

WHen Desiderio King of the Lombards was taken prisoner, and the people of Lombardie yeelded to Charles, he pro­claimed himselfe King of all Italy: which title by law of Armes he iustly claimed to be his. The same was also by the decree of Pope Gregory confirmed. Then was he also by the Bishop of Milan crowned at Modena. The crowne he recei [...]ed, was of iron: for of that mettall he commanded it should be made, enioyning all his successors to doe the like.

The order and ceremonies of that coronation, remaineth recorded in the Rota at Rome: and is to this day obserued at the Inauguration of all Em­perours, when they are elected King of Romanes.

The morning when this Charles was to be crowned, certaine Bishops were sent to conduct him from his chamber vnto the Church, and being come thither he was brought before the high Altar.

Then the Archbishop, after he had said certaine prayers, turned him­selfe to the people, and asked them whether they did consent to receiue that Prince for their King, and whether they determined faithfully to obey his lawes and commandements.

So soone then as the people had pronounced their consent, the Bishop with holy oyle anointed the Kings head, his breast, and shoulders: there­with praying God to blesse him, and grant him good successe in Armes, with an happie succession of children.

These Ceremonies being ended, the Archbishop deliuered into the Kings hand a sword, and ornified him with a bracelet, a ring and a scepter. Also vpon his head he set the crown aforesaid. All those things being done, he kissed him (as a signe of peace) and so departed from the King.

CHAP. 43.
The Inauguration of Carolus Magnus, being made Emperour, Anno 800.

WHen the people inhabiting the confines of Beneuento had much molested that Countrey, and were subdued by Vini­gesius the sonne of Charles then Duke of Spoleto: Leo the Bi­shop of Rome in the time of prayers, when all the people were assembled, the Barons of Rome also present, did con­secrate [Page 178] and anoint Charles, before the Altar Basilica, where he also receiued the Ensignes of the Empire. From thence he was conducted to the chiefe Altar of the Temple, and there anointed, when he had raigned in France 33 yeeres: before which time, no Emperour in three hundred and thirtie yeeres, had bene seene in Italy. This order of coronation hath euer since bene obserued.

At euery such coronation, the people with one voice did cry: Carolo Au­gusto, Magno, & Pacifico vita & victoria.

The same time also Pypin his sonne was anointed, and by solemne decree of the Pope declared King of Italy.

CHAP. 44.
The Inauguration of Pope Gregorie. x.

IN the yeere 1268. Pope Clement the fourth died at Viter­bo. After whose death the Papacie (by discord of Cardinals) was voide two yeeres, and nine moneths.

The Cardinals then present in Court, were seuenteene, whose disconformitie continued the seat voyd almost three yeeres: yet did they assemble often, but euery one ambitiously affecting the Papacie for himselfe, nothing could be concluded: for in those dayes the Cardinals were not shut vp in the conclaue, (as since hath beene the vse) but euery one went at libertie and at his pleasure.

The creation of the Pope thus deferred, Phillip the Frence King, and Charles king of Sicill came vnto Viterbo, to sollicite the election: yet they preuailed not.

One day, these Kings being present in the Conclaue, the Cardinall of Porto seeing the frowardnesse of the other Cardinals, who seemed to pray ayd of the holy Ghost in that action, said vnto them: My Lords, let vs vntile the roofe of this chamber, for it seemeth the holy Ghost cannot enter, if the house be still couered. And so soone as he heard that Gregory was pronoun­ced Pope, he framed these verses of that election, viz.

This Pope before his ascension was called Theobaldus, an Archdeacon, no Cardinall: being also, at that time, beyond the sea at Ptolemaida in Syria: whether he was gone with Edward the King of Englands eldest son. From thence they intended (among other pilgrims) to go vnto Ierusalem. But hearing he was pronounced Pope, returned from Syria into Italy: and being come to Viterbo he receiued the Ensignes of Papacie. From thence he passed to Rome, and was there crowned by the name of Gregory the tenth. He liued Pope sixe yeeres, sixe moneths, and tenne dayes: and finding [Page 179] fault with some orders of the Church, chiefly in electing the Pope, he fra­med diuers Canons of which these are part.

First that the assembly of Cardinals for choise of euery new Pope, should be at a place fit for the purpose, and where the Pope defunct, with his Court, did die. But if the death hapened in any village or small towne, then the next citie to be the place of election.

That no election of any new Pope should be, till after ten dayes that the other Pope departed, to the end the Cardinals absent might appeare.

That no Cardinal in his absence should be permitted to haue any suf­frage or voice in the conclaue.

That euery Cardinal absent, and euery other person of any condition, should be capable of the Papacie.

That no Cardinal entred into the Conclaue, should goe out, before the new Pope were created.

That no Cardinal or other person should ambitiously endeauour to compasse the Papacie by money or other corruption, vpon perill of the Popes curse.

CHAP. 45.
¶The Inauguration of Henry the 4. King of England 1399.

THis King, called before Duke of Lancaster, came first to Westminster, and from thence he went vnto the Tower of London, accompanied with the Nobilitie and the rest of his Court: there he made nine Knights of the Bath, and 46. other Knights.

The next day after dinner, he returned to Westminster in great pompe: he himselfe riding through London, kept his head bare: and about his neck he ware the collar appertaining to the Order of Fraunce.

Before the King, went the Prince his sonne, sixe Dukes, sixe Earles, and eighteene Barons, besides other Lordes, Knights, Esquiers, and Gentle­men to the number of 900. or thereabout.

By the way awaited the Lord Mayor with his brethren, and officers of the City. Also the companies of euery Hall in their Liueries, which num­ber amounted to sixe hundred.

All the streets where the King passed, were hanged with cloth of golde, siluer, or rich Arras.

That day and the next, all the conduits were full of wine, some Claret, and some White.

The night before the Coronation, the King washed his body: and the next morning prayed, in the presence of three Prelats.

The next morning, the Clergie in great numbers attended the King to [Page 180] the Temple of Westminster: and from thence all the Lords and Knights of the Order in their robes awaited vpon his Maiestie to the Pallace, who all that way marched vnder the Canopy of State.

On either hand of the King a sword was caried: the one represented the Ecclesiasticall, the other Politicall iurisdiction.

The Ecclesiasticall sword was borne by the Prince of Wales the Kings sonne: the sword of Iustice, Henry Percie Earle of Northumberland and Constable of England, did beare: which office was lately taken from the Earle of Rutland and giuen to him. The scepter was caried by the Earle of Westmerland Marshall of England.

In this order, and thus accompanied, the King came into the Church, where he found a place of State prepared in the mids: there he set himselfe downe, being furnished with all his rich and royall ornaments, the crowne excepted.

The Archbishop of Canterbury preached, and shewed the Kings per­son vnto the people, saying, Behold him here that is to raigne ouer you, for so God hath ordained: Will you (quoth hee) consent he shall be crowned your King? whereunto they answered, Yea: and holding vp their hands, offered to be sworne.

Then the King went downe from his seate, and kneeled before the high Altar, where two Archbishops and ten Bishops did take off his royall gar­ments, and annoynt him in the presence of all the multitude: viz. on the crowne of his head, on the breast, on the shoulders, on the palmes of his hands: which done, they set his cap vpon his head.

Then the King put vpon him a garment like vnto a Deacon, and girt the same, as Prelates vse to doe. Then they buckled vpon one of his feete a Spurre, and drew forth the sword of Iustice, which they deliuered into the Kings hand, and he put it vp into the sheath: when it was put vp, the Arch­bishop of Canterbury girt it vnto his side.

Then was the Crowne of S. Edward brought thither, and by that Arch­bishop set vpon the Kings head.

All these ceremonies, and Diuine Seruice finished, the King with the same pompe he came to the Church, returned to the Pallace: in the mids whereof was a fountaine which flowed with wine, white and red.

At dinner, the King did sit at the first table: at the second sate the fiue chiefe Peeres of the kingdome: at the third, the Mayor and Aldermen: at the fourth, the nine new made Knights: at the fifh, the Knights & Gen­tlemen of the Kings house.

So long as the King did sit, the Prince of Wales stood on his right hand, holding the Ecclesiasticall sword: and on the left hand stood the Consta­ble of England, shaking the sword of Iustice: vnder them stood the Mar­shall holding the Scepter.

At the Kings table, besides the King, two Archbishops and three other Bishops did sit.

In the dinner time a Knight well mounted & armed at all peeces, came into the Hall: and before him rode an other horseman, that caried his Launce; his name was Dymmock.

[Page 181] This Champion hauing his sword drawen, and a Mace also ready, deli­uered vnto the king a scroule of paper: wherein was contained; that if any Gentleman would denie that Henry there present, were not the lawfull King of England, he was ready by Armes to maintaine it, where and when the King should command.

This Cartell was deliuered to a King of Armes, and by the Kings com­mandement proclaimed in the palace, and in sixe places of the Citie: but no man found to say the contrary: and so the ceremonie of this Corona­tion ended.

CHAP. 46.
The Inauguration of Charles the French King, at Rhemes, 1380.

THis Charles the 6. King of France of that name, being twelue yeeres olde, was crowned in the presence of the Dukes of Anioy, Auuernia, Burgundy, Burbon, Brabant, Berry and Lorayn: the Earle of Piedmont, the Earle of Marcury the Earle Eu, and William Lord of Namur beeing present: the Earle of Flanders and Bloys sent their deputies.

The King entred the citie of Rhemes, with a marueilous troupe of Lords and Gentlemen: hauing before them thirty trumpets sounding.

His Maiestie alighted at our Lady Church: and thither resorted vnto him his cosins of Albert, Nauarre, Barry, Harecourt, and other yong Princes and Lords of the blood, whom the next day he dubbed Knights.

On Sonday after, the King went vnto the Church, which was most sumptuously prepared. There the Bishop crowned his Maiestie, and an­ointed him with that oyle wherewith Saint Remigius had anointed Clodo­ueus the first Christian King of France.

That Oyle was miraculously (as is reported) sent from heauen by an Angel, purposely to anoint Clodoueus. And being preserued euer since a glasse, although all the kings haue bene therwith anointed, yet is the quan­tity thereof no whit decreased.

The King being come before the high Altar, did honour all the yong men aforesayd, with Knighthood: and that done hee kneeled vpon rich foote Carpets that were there spred: at his feete the yong Princes (newly made Knights) did sit: and Oliuer Clisson, newly also aduanced to be Con­stable of the kingdome, performed his office; and there (amids the nobili­ty) with all pomp possible, the King was crowned.

Then to the end that all men might haue cause to reioice, the King was pleased to remit and forgiue all taxations, subsidies and impositions by what name soeuer, lately inuented.

The Coronation finished, his Maiestie returned to the palace, where his [Page 182] table was prepared, and hereat (besides the King) did sit the Dukes, his vncles, viz. the Duke of Brabant, Anioy, Auuernia, Burgundy, and Burbon, and on his right hand sate the Archbishop of Rhemes with other Lords of the Spiritualty.

Touching meaner Lords of the kingdome, they shifted for place where it could be found.

The Admirals Coucy, Clisson, and Tremoly had their tables equally coue­red with Carpets of Tissue.

The next day the King dined, according to ancient vse: and the charge of the Inauguration was defrayd by the Citizens of Rhemes.

These ceremonies being consummate with great pomp, triumph, and ioy, he returned to Paris.

CHAP. 47.
At the Inauguration of King Henry the third French King, three notable things obserued.

FIrst when he should haue bene anointed with the holy oile, there was none found in the ceremonious Horne, which for many yeeres had bene preserued by miracle as a relike sent from heauen.

Secondly, when in the royall seate the Crowne was set vpon his head by certaine Bishops, (as is accustomed) he cried out twise, Oh it hurts me.

Thirdly, when he kneeled before the Altar during Masse, the Crowne fell from his head, all which seemed ominous to the beholders, and so it prooued both to himselfe and others.

CHAP. 48.
The Inauguration of Charles the fift. Anno 1520.

THis Emperor hauing giuen order for his affaires in Belgica, required the Electors, that they would come to his Inaugu­ration at Aquisgran, where the plague then happened to be; which mooued them to desire, that the celebration might be elswhere. But his Maiestie at the Citizens suite, (who had prepared with great cost) resolued not to alter, alleaging also that Charles the fourth his predecessor, had made a lawe, that the Emperour [Page 183] ought of necessitie be crowned at Aquisgran.

The 21. of October the Archbishop of Mentz, Colein and Treuer ap­peared.

The Marquesse of Brandenburg came after, and the Duke of Saxony being sicke, stayed at Colein.

The next day all these Princes rode to meete the Emperour, and when they came neere vnto his person, they alighted; which done, with all reue­rence the Archbishop of Mentz (in the name of them all) spake vnto his Maiestie, and was by the mouth of the Cardinall of Salisburg courteously answered.

All those troupes so vnited, proceeded to the Citie.

Without the gate, the Palatin of the Rheine also did meete them, so were the Electors companies about one thousand sixe hundreth; some Launces, and some Archers.

The Emperours owne troupe was two thousand, very magnificently furnished.

Thither also came Iohn Duke of Cleue, with 400. men well armed: and much discord there was betweene the Cl [...]uoys and the Saxons, who should preceed. The like pompe had not bene seene in Germanie.

On th'one side of Caesar rode the Archbishop of Cullein: and on th'other was the Archbishop of Mentz.

Next to them folowed the Ambassadors of the King of Bohemia, the Bi­shops of Sedun, Saltsburg and Croy, all Cardinals; and with them were the Ambassadors of all Kings and Princes: sauing of the Pope, and the King of England, which was supposed to be of purpose; lest the deputies of the Germane Princes should preceed them.

The Emperor being come to Aquisgran, alighted at our Lady Church: and there (after prayers) he talked particularly with the Electors, who fol­lowed him to his lodging.

One other day they met againe in the Temple, where the throng was so great, as hardly the Guard could make roome.

In the mids of the Temple, a great Crowne was hanged, and vnder it carpets were spred, whereupon Caesar did prostrate himselfe, till the Arch­bishop of Collen had ended certaine prayers.

Then the Archbishop of Mentz and Treuer did take him vp and led him before our Ladies altar: where againe he fell downe vpon his face, and af­ter prayers, they led him to his throne of State.

When these ceremonies were ended, the Bishop of Cullen begunne the Masse, and hauing said a part thereof, he asked the Emperor (in the Latine tongue) If he would conserue the Christian faith? defend the Church? do Iustice? protect the Empire? defend widowes, fatherlesse children, and people distressed? Whereunto, when he had consented, hee was led to the Altar: and there with a solemne othe, confirmed the words he had spoken, and returned to his throne.

After the oath taken, the Bishop of Cullen said other prayers, and then put oyle vpon his head, his brest, the bending places of his armes, and the palmes of his hands.

[Page 184] Being thus anointed, the Archbishops of Mentz and Treuer led him in­to the Vestry, where they apparelled him as a deacon, and in that habit brought him forth, and placed him in his throne, where after more prayers, the Archbishop of Cullen (in presence of the whole Clergie,) deliuered in­to his hand a naked sword, and recommended to him the Common weale.

Caesar hauing the sword in his hand, put it into the sheath: which done, they put vpon his finger a Ring, and on his shoulders they cast a Regal cloake.

They also deliuered to him a Scepter and a Ball, to represent the forme of the whole world.

Then all the three Bishops layed hand on the Crowne, and set it vpon the Emperours head.

When all these things were done, hee was againe brought vnto the Al­tar, and there sworne to performe the duetie of a good Prince.

That oath taken, the Emperour accompanied with those Bishops, went vp higher, and there sate in a seat of stone. Then the Bishop of Mentz (in the Germane tongue) spake alowd, and wished that his Maiestie and peo­ple to him subiect, might long liue in health and happinesse. After which words, in signe of publicke ioy, the Quoristers and instruments of Musicke made melody.

At all these solemne prayers the Lady Margarita aunt to the Emperor, and gouernesse of the Low countreys was present.

In the end of these complements he receiued the Sacrament: and made many Knights, which honour (as mine Auctor saith) was anciently the re­ward of vertue and approued valor: but now the custome is, that if a King do lightly lay his sword vpon any mans shoulder, that fauour alone, with­out more ceremony or other merit, shall make him a Knight: which is the cause, that title is giuen not only to Gentlemen well borne, but also to Mer­chants and others, that ambitiously do seeke it.

All these things being done in the Church, the Emperour returned to his Pallace, which was most magnificently prepared. There he dined: and so did the Electors: euery one sitting at a table by himselfe.

The dinner being ended, and the tables taken away: the Bishop of Tre­uer tooke place right against the Emperour, for so the law of Charlemaine determined.

In ages more ancient, an oxes body filled full of small beasts and fowles, was rosted, on the day of Caesars Inauguration, whereof one part was serued at his table, the rest giuen to the multitude. Two Conduits were likewise made to runne wine all that day.

Dinner being done, the Emperour retired into his chamber, and there he deliuered the seales of the Empire vnto the Archbishop of Mentz: and the next day all the Electors supped with his Maiestie.

CHAP. 49.
¶Ceremonies appertaining to the deliuery of Pri­zes at Iousts and Tournaments.

AT euery publique triumph before a Prince, it seemeth the vse heretofore hath ben, that the Prizes of best desert should be giuen by the hand of the Queene, notwithstanding it were in the Kings presence: but first a solemne proclamati­on to be made by the Heralds, to this effect.

Oyez, oyez, oyez: Be it knowen to all men by these presents, that by au­thority of the most high, most excellent, and most puissant Prince H. by the grace of God King of England, France, and Ireland, &c. That of those which haue Iousted on the Challengers side, A. B. hath deserued the prize, and to him let the same be giuen as due, by the censure of the Queene, with the assent of her Ladies, Gentlewomen, and all others of her Highnesse Court here present.

Likewise on the party of Defenders, C. D. hath Iousted well, E. F. better, but G. H. best of all: vnto whome the prize is iudged by the most mightie, most excellent, and vertuous Princesse with consent aforesaid.

This was the forme of deliuering the prizes, at the most noble and tri­umphant Iousts performed by King Henry the eight & Francis the French King, with their Nobility and Gentlemen of Armes, at their enteruiew in Picardie, where the Proclamation in forme aforesaid was pronounced in English and French.

It seemeth that in ages more ancient the vse was, that the Prince did al­so giue a letter of attestation to such persons as gained any prize, either in combat for life or honour: for my selfe haue read such a one granted by a King of France vnto an Italian Gentleman, in these words following: wher­unto was added an honourable ceremony.

NOi Filippo per gratia di Dio Re di Franza, &c. Notifichiammo a tutti coloro, a quali perueranno queste nostre littere, & che lo haranno a grado & in pia­cere, e generalmente a Imperadori, Re, Duchi, Marchesi, Conti, Principi, Nobili, Caualierie Gentilhuomini, Come hauendo noi celebrato le nostre feste a honore, a laude, & a gloria di nostro Signor Dio, & ad honore di tutti i Caualieri che sono venuti a combattere a tutto transito in questo honorato passo di Armi. Vogliamo che siano riconosciuti coloro che si saranno valorosamente portati, senza essermai vinti pure vna volta, poi che si debbe dar l' honore a chi merita, & ch' esenza menda. Però, per queste ordoniammo, commandiammo, e sententiammo, che a glo­ria, a honore, a laude, & a fama del egregio, e virtuoso Caualiere N. esso sia publica­to in tutti quatro i cantoni delle lizze & sbarre, dai Re d' armi, Araldi, & Passa­uanti, con trombette, e Sonatori, con consentimento nostro & delli giudici del cam­po, [Page 186] rappresentanti la persona nostra per lo miglio [...]e di tutti i Caualieri de nostro regno. Et command [...]ammo che sia posto sopra vn cauallo tuito bianco, e che tutti coloro che vi si truoueranno, cosi donne, come huomini, vengono con esso not tutti a Piedi, e sia fatta processione generale e N vada sotto il baldacchino fino alla chi­esa. Appresso commandiammo & ordoniammo, che vscendo della chiesa, si vada per tutte le lizze, & sbarre, e N. ne prenda la possessione, e per i Re d' Armi gli siano da­te tutte le ch [...]aui delle dette lizze in segno di vittoria. Et ancora commandiammo, che siano celebrate feste che durino quindeci giorni, a laude & gloria del vittorio­so N. E perche ciascuno conosca la real verita di questo fatto, habbiamo segnata la presente carta con color vermiglio, e suggellata col nostro Real Suggillo. Data nella nostra Citta di Parigi, a 4. di Luglio, &c.

CHAP. 50.
Of Iusts and Turneaments, and how the acci­dents in such exercises are to be iudged in the Kingdome of Naples.

IT is written, how at a triumph in the noble citie of Naples, a Gentleman called the L. Peter Counte of Derise, receiued so furious an encounter by the Launce of another that ran against him, that therewith he became at one instant disar­med of his shield, his Curats and Headpeece, so as he being vtterly disarmed, was left on horsebacke in his doublet onely, without o­ther harme. In requital whereof, the said Peter gaue vnto the other Gentle­man so violent a blow, as therewith the girthes of the horse were broken, and the man cast headlong on the ground.

Whereupon a question was moued, which of them had merited most honour, or rather which of them deserued least reproch? Whereunto was answered absolutely, that he who fell from the horse, was most dishonored, for (next vnto death) to fall from the horse is most reprochfull.

Yet it is lesse disgrace to fall with the horse, then to fal alone: and there­fore, albeit a man doth runne neuer so well, if in the end he doth fall from the horse, he can by no meanes receiue honour for that day, but shal rather depart with disgrace.

Who so fighteth on foot at Barrier, or in any other exercise of Armes, is by the force of his aduersary constrained with his hand to touch the ground, shall thereby lose all commendation.

He that on horsebacke directeth his Launce at the head, is more to be praised, then he that toucheth lower. For the higher the Launce hitteth, the greater is the Runners commendation.

Whoso runneth low is not onely vnworthy praise, but also meriteth re­proch. And he who so carieth his Launce comely and firme, is more to be praised, although he breake not, then he who misgouerneth his horse, or vnskilfully handleth his Launce, although he doeth breake.

He that vseth to runne high, sitteth steadily and mooueth least in his course, accompanying his horse euenly and iustly, is in running worthy all commendation.

He that falleth with the encounter of the aduersary, although (as is be­fore said) the same be a great disgrace: yet is it more excuseable, then if he remaineth on horsebacke amazed, suffering his horse to wander he wot­teth not whither.

He that with his Launce taketh away the rest of the aduersaries Armor, meriteth more honour, then he that taketh away any other ornament.

He that breaketh his Launce on the pomel or bolster of his aduersaries [Page 188] faddle, deserueth worse then he who beareth his Launce well without breaking.

He that breaketh on the face or other part of the horse, meriteth worse then he that breaketh not at all.

He that hurteth an horse, shall not receiue honour, although before he hath run well: for he that hurteth an horse is in like predicament with him that falleth, who cannot on that day receiue any honour.

He is worthy small estimation that cannot gouerne his owne horse, or that sitteth loose in his saddle: but much is he to be praised, that with his force disordereth his aduersary in the saddle.

He that letteth his Launce fall, can claime no commendation. And lesse worthy praise is he that knoweth not how it should be charged.

He that breaketh the Launce furiously in many pieces, is more reputed, then he that breaketh it faintly in one onely place.

He that conueyeth his Lance into the Rest in due time, is worthy com­mendation: but he that carieth it shaking in his hand, or vnstayedly in the Rest, meriteth blame.

He that dexteriously carieth the Launce long on the arme, and skilful­ly conueyeth it into the Rest nere the time of encounter, is more allowed, them he that suddenly and at the first setting out doth charge it.

To conclude, he is worthy all commendation, that beareth himselfe wel on horsebacke, that sitteth comely, that fitteth his body well with Armor, that hath his person so disposed, as if it were without Armor, that can en­dure to weare it long, & that till the end of the day disarmeth not his head.

He that performeth not all his determined courses, ought not receiue any prize or honor.

He that hurteth or toucheth an horse with his Launce, shal neither haue prize nor praise, for he is in case as though he had fallen.

He that doth fall, may not run any more in that day, vnlesse he falleth on his feet standing right vp, and be also a Challenger: for in that case he may returne to horse & answere all commers, because on that day hee is so bound to doe.

CHAP. 51.
Of Iusts and Turnaments, how they were anciently iudged by Iohn Tiptoft Earle of VVorcester, high Constable of England, in the reigne of King Edward the fourth.

FIrst, who so breaketh most speares, as they ought be bro­ken, shall haue the prize.

Who so hitteth three times in the height of the Helme, shall haue a prize.

Who so meeteth cronall to cronall shall haue a prize.

[Page 189] Who so beareth a man downe with the force of his Speare, shall haue a prize.

CHAP. 52.
¶Triumphes Military for Honor and loue of Ladies: brought before the Kings of England.

CHAP. 53.
Of the like Actions in Armes since the reigne of Queene Elizabeth.

ONe solemne Iust, Tournament, and fight at the Barrier was holden at Westminster, wherein the Duke of Norffolke, the Earle of Sussex, the Earle of Warwick, the Earle of Leicester, the Lord Scroope, the Lord Darcie, and the Lord Hunsdon were Challengers, & with great honour answered all com­mers. The Defenders names are not extant. 1558.

A royall Challenge was also there proclaimed before her Maiestie; wherein were Challengers, the Earle of Oxenford, Charles Howard nowe Lord Admirall, Sir Henrie Lea, and Sir Christopher Hatton, now Knights of the Garter; the one Master of her Maiesties Armorie; the other (at his death) Lord Chancellor.

CHAP. 54.
The Originall occasions of the yeerely Triumphs in England.

HEre will we remember also (and I hope without enuie so may) that these annuall exercises in Armes, solemnized the 17. day of Nouember, were first begun and occasio­naed by the right vertuous and honourable Sir Henry Lea, Master of her Highnesse Armorie, and now deseruingly Knight of the most noble Order, who of his great zeale, and earnest desire to eternize the glory of her Maiesties Court, in the be­ginning of her happy reigne, voluntarily vowed (vnlesse infirmity, age, or other accident did impeach him) during his life, to present himselfe at the Tilt armed, the day aforesayd yeerely, there to performe in ho­nor of her sacred Maiestie the promise he formerly made. Whereupon the Lords and Gentlemen of the sayd Court, incited by so worthy an ex­ample, determined to continue that custome, and not vnlike to the anci­ent Knighthood della Banda in Spaine, haue euer since yerely assembled in Armes accordingly: though true it is, that the Author of that custome (be­ing now by age ouertaken) in the 33. yeere of her Maiesties reigne resigned and recommended that office vnto the right noble George Earle of Cum­berland. The ceremonies of which assignation were publiquely performed in presence of her Maiestie, her Ladies and Nobilitie, also an infinite num­ber of people, beholding the same, as followeth.

On the 17. day of Nouember, Anno 1590. this honourable Gentleman together with the Earle of Cumberland, hauing first performed their ser­uice in Armes, presented themselues vnto her Highnesse, at the foot of the staires vnder her Gallery window in the Tilt yard at Westminster, where at that time her Maiestie did sit, accompanied with the Vicount Turyn Am­bassador of France, many Ladies, and the chiefest Nobilitie.

Her Maiesty beholding these armed Knights comming toward her, did suddenly heare a musicke so sweete and secret, as euery one thereat great­ly marueiled. And hearkening to that excellent melodie, the earth as it were opening, there appeared a Pauilion, made of white Taffata, contai­ning eight score elles, being in proportion like vnto the sacred Temple of the Virgins Vestall. This Temple seemed to consist vpon pillars of Pour­ferry, arched like vnto a Church, within it were many Lampes burning. Also, on the one side there stood an Altar couered with cloth of gold, and thereupon two waxe candles burning in rich candlesticks, vpon the Altar also were layd certaine Princely presents, which after by three Virgins were presented vnto her Maiestie. Before the doore of this Temple stood a crowned Pillar, embraced by an Eglantine tree, whereon there hanged a Table; and therein written (with letters of gold) this prayer following.

The musicke aforesayd, was accompanied with these verses, pronoun­ced and sungs by M. Hales her Maiesties seruant, a Gentleman in that Arte excellent, and for his voice both commendable and admirable.

The gifts which the Vestall maydens presented vnto her Maiesty, were these: A vaile of white exceeding rich and curiously wrought: a cloke and safegard set with buttons of gold, and on them were grauen Emprezes of excellent deuise: in the loope of euery button was a noble mans badge, fixed to a pillar richly embrodered.

And here (by way of digression) let vs remember a speech which this noble Gentleman vsed at such time as these buttons were set vpon the gar­ment aforesaid: I would (quoth he) that all my friends might haue bene remembred in these buttons, but there is not roome enough to containe them all; and if I haue them not all, then (said hee) those that are left out, may take exception. Whereunto another standing by, answered: Sir, let as many be placed as can be, and cause the last button to be made like the Caracter of &c. Now Godamercie with all my heart (quoth the Knight) for I would not haue giuen the Caetera of my friends for a milion of gold.

But to returne to the purpose, These presents and prayer being with great reuerence deliuered into her Maiesties owne hands, and he himselfe disarmed, offered vp his armour at the foot of her Maiesties crowned pil­lar; and kneeling vpon his knees, presented the Earle of Cumberland, hum­bly beseeching she would be pleased to accept him for her Knight, to con­tinue the yeerely exercises aforesaid. Her Maiesty 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 [Page 200] (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.

CHAP. 1.
Of Honor in generall.

HOnor, saith Cicero, is the reward of vertue, and infa­mie the recompense of vice: whoso then desireth to aspire vnto Honor, it behooueth him to come thereunto by the way of vertue, which the Ro­manes couertly expressed in building the Temple of Honour, so as no man could passe thereunto, but first he was forced to goe through the Church dedicated to Vertue. But because the greatest num­ber of men, are not well informed what Vertue meaneth, it shall bee expe­dient to say, that Vertue is a good habite, and true perfection of reason; whereunto whoso will attaine, it behooueth him to consider, what and how many the morall Vertues are, chiefly those fewe, of the which the rest haue dependance. Therefore to begin with that which of all others is most necessary for preseruation of humane societie, I say that Iustice is a vertue which enformeth euery man to rest contented with so much as to him ap­pertaineth, and giue to all others that which to them belongeth. This is it which conserueth peace, and whereof men be deseruingly called Good. Next therunto we thinke Temperance or modestie, ought to accompanie euery wise man, and chiefly him that hath authoritie ouer others: For no man there is that can rightly iudge, howe to direct the maners of other men, that knoweth not first how to gouerne him selfe. The rule whereof is this vertue of Temperance: which teacheth a moderation of hope, and feare; and of ioy, and sorow; with euery other affection or perturbation of minde. Next vnto these (in euery man truely honourable) Fortitude de­seruingly requireth her place, as that which protecteth and defendeth the actions both of moderation and Iustice. This is that vertue which enfor­meth valiant men to fight for Iustice, and not to offend others, vnlesse iniu­rie shall thereunto enforce. These I say are the chiefe and most honou­rable of all morall vertues. Yet for that euery of them requireth the ayde and excellencie of Prudence (being a vertue intellectiue) we wish that all honourable personages should be therewith indued, considering that the [Page 209] force thereof is a certaine naturall skill to distinguish the good from euill, to desire the one, and detest the other, to say that is fit to be spoken, and conceale that which is vnfit to be vttered: to prosecute that which is wor­thy, and forsake that which is vicious and vile. Yea, the excellencie of Prudence is such, as without it no other vertue can proceed: Which mo­ued some Philosophers to affirme, that Prudence alone included the force and power of all vertues. But omitting to discourse more largely, I say, that whosoeuer is possessed with so excellent graces, doth iustly deserue to be accompted good and honourable: For albeit riches and authority be vulgarly reputed great honors, yet whoso hath most high Titles, or digni­ties, vnlesse his proceedings be such as are consonant to Iustice, he may be accompted a man of more authoritie then vertue.

Likewise, he that immoderately and vntemperately pampereth his own body, not confining his sensuall pleasures, vnto the bounds of reason, doth seeme rather subiect to bestial voluptuousnesse, then vertuous moderation: and consequently both vnable to gouerne himselfe, and vnapt to com­mand others.

Many other vertues there are fit to be found in euery honorrable per­sonage, but among them, pietie, liberalitie, mercie, and affabilitie are ex­cellent ornaments in euery noble and generous minde. It is not therefore as ignorant persons and vnskilfull folke doe surmise, that great riches, or titles of dignitie, do make men honourable, vnlesse they be accompanied with the vertues and perfections aforesayd: for riches (albeit they are a great ornament to illustrate vertue) yet are they not any efficient cause to make men honourable.

Neither are dignities in descents of noble blood, enough to aduance men vnto Honor: for whatsoeuer is not within vs, cannot be iustly called ours, but rather the graces and goods of fortune.

And who so pleaseth to haue thereof more perfect proofe, let him lay before his consideration some mechanicall man, that by prouidence or par­cimony hath aspired vnto excessiue riches, or by vndeserued fauour is ad­uanced to high titles: yet in the opinion of those that doe indeed knowe how to distinguish of euery mans merit, he shall be deemed rather notable for his imperfections, then worthy of true Honor.

CHAP. 2.
Of Honour in particular, and with what com­plements men are honoured.

THe scope and marke of each mans endeauour, is either pro­fit or honour. The one proper to men in bare or meane for­tune, the other to persons of vertue and generous minde. But now we will in this worke entreat only of the last: For as one man is more worthy then another, so ought hee be­fore [Page 210] others to be preferred and honoured. It therefore behoueth to know that Honour is a certaine testimony of ech mans excellency in vertue, and who so desireth to be honored, must endeauour to win some apparant note of worthinesse, either before God or men. In the first case no humane skill or coniecture can iudge. Neither is it lawfull for any man to call him Ho­nourable, that hath not by vertuous merit acquired some exterior title, or made proofe of honourable merit either in words or deeds. The signes or notes of Nobility are these, Notitia, Laus, Ciuilis excellentia, Generositas. Some learned writers therefore haue said, that Honor consisteth signes exterior. And Aristotle calleth it, Maximum bonorum exteriorum. Others affirme, it is a certaine reuerence in testimony of vertue. Lucas de Penna de­fineth Honor in these words, Honor est administratio reipub. cum dignitatis gradu siue cum sumptu, siue sine sumptu. And S. Austen speaking of Honour in his booke de Ciuitate Dei, which Cicero also in his Offices citeth, sayth, Honos alit artes, omnes (que) incendimur ad studia gloria. Diuers other definitions of Ho­nour there are, which for breuitie we omit.

Touching the worth or prise of Honour, it ought be valued aboue all earthly wealth, and is more precious then siluer or gold: and I suppose that hope of honor and feare of punishment, be the breeders thereof; the one inciteth mans minde to honest endeuour, the other suppresseth leaud incli­nation, and maketh bad motions obedient to reason. Marcus Tullius study­ing to restraine the force of audacious youth, ordained by law eight diuers punishments, calling them damnum, vincula, verbera, talio, ignominia, exi­lium, mors, seruitus.

But here is to be noted, that Honour and Reuerence are in nature diffe­ring: because reuerence is only the first motiue to honour, which after be­commeth honour absolute. The like difference is betweene honour and praise, for honour is of it selfe, and in it selfe: but praise ten deth to a further end. Moreouer, honor is a testimony of excellencie, chiefly in vertue: ther­fore according to each mans vertue and merit, honours are bestowed, and ought not be giuen to the vnworthy: so concluding with Aristotle, I say, Prauus honore non est dignus.

Thus much of Honour and the nature thereof. Now we thinke fitte to say, that the power and authority to bestow honour resteth onely in the Prince. For the Law sayth: Honorandus est, quem Princeps honorat: adding, quem Princeps iudicat dignum, & nos iudicabimus: nam nullus debet esse tantae superbiae fastigio tumidus, vt regalem sensum contemnat. Cap. de priuilegijs eo­rum, qui in sacro palatio militant.

It seemeth also expedient to know how men become honoured, and by what meanes they aspire thereunto: for Aristotle sayth, Honor est praemium virtutis. Some are also honored for their dignity, as Princes, Prelates, Offi­cers, and other men of great place or title.

Others are honoured for their age or anciencie: and so is it commaun­ded in holy Scripture, Coram cano capite consurge, Leu. 19.

Others are honoured for their function, as Preachers and Ministers of the word. And some be honoured for magistracie or authority in the com­monweale: As Casaneus remembreth, That when the sonne of Q. Fabius [Page 211] Max. was Consul, and sitting in the seat of magistracie, he commanded his father from his horse being mounted in his presence, according as it was instituted by the ancient Romans, That no man on horsebacke should ap­proch the Consul, but for honours sake he should first alight, as Val. Max. in tit. de Instit. antiquis, reporteth. Fabius therefore beeing so commaunded from his horse by his sonne, pronounced this most excellent sentence: No­lui ante iussum tuum descendere, non vt imperium tuum contemnerem, sed vt ex­perirer an scires consulem agere.

Others are honoured as Parents, to whom their children & nephewes doe owe all duety and obedience: as is commanded in the booke of Pro­uerbs, Honora patrem & matrem, vt sis long aeuus super terram, 28.

To these, many other causes of Honour may be added, as subiects to ho­nour their Prince, seruants their masters, inferiours their superiours. And diuers demonstrations of honour are also due by externall countenance, words, and gesture; as by attentiue hearing of him that speaketh, by rising to him that passeth, &c.

He that sitteth doth receiue honour from him that standeth: yet a man of dignity in presence of Iudges ought to sit & not to stand as other com­mon persons doe, vnlesse his owne cause be pleaded. So sayth Baldus.

A man that sitteth at the table is more honoured then hee that serueth, and he that sitteth on the right hand is more honoured then he that sitteth on the left hand.

He is also honored that sitteth next to the Prince, or neerest to him that is of greatest dignity. We also account him honored that standeth or wal­keth in the mids of two, or a greater number, quia mediocritas in electione loci maxime probatur.

He is likewise reputed most honoured, that sitteth at the chiefe ende, or in the hiest place of the Table: because the most worthy ought to begin: which haply moued Virgil to say, A Ioue principium Musae.

He is most honoured that walketh next the wall (vnlesse they be three in number) for then he that is in the mids, is in the worthiest place, as hath bene formerly said. And he that sitteth next the wall, hath the higher place. But if three of equall qualitie do walke together, then (for not offering In­dignitie one th'other) sometimes one, and sometimes the other, ought to take the middle place, which Order the Spaniards and Venetians doe pre­cisely obserue: affirming the right side to be most Honourable.

Among brethren the eldest is alwaies to precede. And so are their wiues to take place: In pari dignitate. Except by some peculiar dignitie the yon­ger be graced.

In like maner where many are of one company or fellowship, as in the Innes of Court, or the Vniuersities, the more ancient is euer most honour­able, and shall precede others, In pari dignitate.

Men are also honoured in their diet, for the more honorable the ghest is, the more delicate ought his fare be. Likewise the apparell of men ought be differing, according to their degrees, to the end the profession and qualitie of euery one may be knowen: as an arming Coat best becommeth a Cap­taine, a Tippet is seemely for a Priest, a Gowne is meetest for a Scholler, be­cause [Page 212] eche mans attire ought be like vnto the State, profession, and office he beareth: as appeareth by that caution which Seneca did giue vnto the Empresse, mother of Nero. His wordes are these, Indue te, charissima vxor, delicatè, non propter te, sed propter honorem Imperij.

A man is also honoured, when his Prince or other superior is pleased to salute him by word or writing, or to grace him with gift of any Office or dignitie.

Men are honoured when for any egregious acte, they are permitted to erect Images of themselues: as Porcius Cato, Horatius Cocles, Mutius Scaeuola and other notable men were suffered to doe.

Men are honoured by drinking in gold, and wearing of purple, also by being stiled the cousins of Princes.

Men are honoured by bearing Armes: For who so hath Armes from ancesters, is more honourable then he who is the first Gentleman of his race, and consequently ought be placed in a more worthy seate. Note here that to euery title of great dignitie, a particular ensigne or ornament is ap­pointed. An Emperour hath his Diademe or Infula, a King his Crowne, a Bishop his Mytre, and Archbishop his Mantle, a Doctor his Baretum. As Lucas de Penna writeth, Ca [...]de Murilegulis.

CHAP. 3.
Of Ensignes Royall and Militarie.

POlydorus in his booke de Inuentoribus rerum lib. 2. cap 3. saith, That the Ensignes of Romane Kings were Fasces cum securi, Corona aurea, sella eburnea, trabeae curules, phalerae, annuli, pal [...] ­damenta pretexta, togae pictae, tunicae palmatae; which Ensignes may be called in our English, a bondle of small wands with an hatchet, a Crowne of gold, a saddle of luory, a kirtle of State, trappings of horses, robes of State (euer burned with the Kings body) which orna­ment was also (after the expulsion of Kings) worne by Consuls and other Magistrats, who pronounced no sentence, but in that garment. Togae pictae I suppose were long gownes painted, or wrought l [...]ke vnto Damaske, or embroidered about: and Palmatae were garments wrought with Palme­trees in signe of conquest and peace. It seemeth also that no other Ensigne of Maiestie, that might illustrate a Kings greatnesse and grauitie was there wanting. These Kings had also 12▪ Littori (as we may call them) Sergeants who caried before them the bondles and Hatchets aforesaid

A Diademe, a Crowne, and a Scepter are likewise Ensignes appertay­ning to Emperours and Kings. But of Crownes there were anciently di­uers kinds. And Polydor in his booke aforesaid speaketh of many, affirming that Liber Pater was the first inuentor of Crownes, and ware vpon his head a Crowne of Iuie. Yet doe we read that Moses (many yeeres before) cau­sed Crownes of gold to be made, as Iosephus hath written: and of all anti­quitie [Page 213] the Egyptian kings haue had Crownes. Teste Coelio.

The first vse of wearing Crownes was in Tragedies and gladiatory com­bats, at which time they were made of boughes and trees, afterwards they were composed of flowers of diuers colours, in the Playes Flo [...]eall, and in the Pastoral Comedies also, and by imitation of them, others were framed of slender barres of tinne, or some other mettall guilded: so as in processe of time many kinds of Crownes were inuented and much esteemed, chief­ly among the Romanes, and in the time of Consuls.

The chiefe Crownes were Militarie, and with them Consuls and gene­rall Commanders, in their triumphes were crowned. At the beginning those crownes were made of bayes: which tree sheweth mirth and victo­rie, and after of gold.

The next they called Corona Muralis, giuen to him that first was seene vpon the wall of the Enemies towne. This Crowne was also of golde wrought with certaine battlements like vnto a wall.

The third they named Corona Castrensis likewise of gold: being giuen to him that could breake the wall of the enemie, & enter the towne or castle. The points of this Crowne was made like Towers.

The fourth was Corona Naualis also of gold garnished with forecastles, giuen to him that by force and vertue first boarded the enemies ship.

The fift was Corona Oleaginea bestowed vpon them that were victori­ous in the Olympian Playes, or for repulsing the enemie.

Corona Oualis was made of Mirtle, and giuen to them that entred a Towne, taken with litle resistance, or yeelded vpon composition, or when the warre was proclaimed, or made against slaues or pirats onely.

Corona obsidialis was giuen to a Generall leader that had saued his armie distressed. That Crowne was made of grasse growing where the Armie was besieged. Such a one the Senate and people of Rome bestowed vpon Fabius Maximus in the second warre against the Carthagenians.

Corona Ciuica was also of high estimation, being giuen to him that saued a Citizen from the enemie. This Crowne was made of Oaken boughes, and reputed an ensigne of exceeding honor. Of which opinion Antoninus Pius seemed to be, saying: Malo vnum ciuem seruare, quàm mille hostes oc­cidere.

Corona Haederalis, was giuen to Poets. Corona Populea was giuen to yong men industrious and disposed to ver­tuous endeuour.

Other ensignes Militarie the Romanes vsed, and were bestowed in token of dignitie: as chaines of gold, gilt spurres, launces, and white rods, the one a token of warre, the other of peace. We will also speake of Crownes of later deuice giuen to great Estates.

CHAP. 4.
Of Emperors.

IMperator dicitur quasi Imperij Rator fortasse, vt legislator. Ita & Imperij lator. Id est, Imperium supremam (que) maiestatem habens, non armis solum munitam, sed & legibus moderatam. The name of Emperour was first in vse among the Romanes, and by them inuented, not for Princes, but chiefe Leaders and Captaines of the warre. At the beginning they were yerely created in Ianuary, and ended their authority in September: which custome con­tinued vntill the Battell of Pharsalia, wherein Pompei was defeated by Cae­sar: who being returnened to Rome, the Romanes consented he should en­ioy that title of Emperour during his life; the which his nephew Octauian, succeding him in the Empire continued and made it hereditary to his suc­cessors, with the surname of Augustus, for his happy gouernment: which name hath bene euer since vsed by all Emperours to this day. So appea­reth it that the title of Emperor began in Rome, Anno mundi 3914. or as o­thers say 3963 ab vrbe condita 706. And before the birth of Christ 47.

This Emperor and his successors continued their seate at Rome vntill the reigne of Constantine the great, Anno Christi 310. by whom the Emperi­all Court was transferred to Constantinople. So the Empire became diui­ded into two Empires, one Emperour gouerned at Constantinople in the East, the other at Rome in the West. Which order continued from the reigne of Carolus magnus vntill Constantinus Paleologus. In whose time Con­stantinople was besieged, and taken by the Turkes.

The West Empire after the death of Charlemaine, hath in diuers ages bene gouerned by Princes of diuers nations, as Frenchmen, Saxons, Sue­uians, and Austrians, who presently hold that dignitie.

In the reigne of Otho 3. (with the consent of Pope Gregory 5.) the electi­on of the Emperour was taken from the Italians, and granted vnto seuen Princes of Germany, viz. the Archbishops of Mentz▪ Treuer, and Colein, the Count Palatin of Rheine, the Duke of Saxon, the Marquesse of Brandenburg, and the King of Bohemia, then called Duke of Bohemia. This order was af­ter confirmed in the reigne of Charles the fourth, about the yeere 1378.

Among Princes secular, an Emperor hath anciently bene reputed wor­thy a chiefe place, and to precede all other Princes, which is the cause that Baldus called an Emperour the Vicar or Vicegerent of God vpon earth: and therefore when other Princes are crowned with one onely Crowne, an Emperor hath euer had three.

The first Crowne is of iron, which he receiueth at Aquisgran, by the hand of the Archbishop of Colein, within whose Diocesse that Citie is seated.

[Page 215] The second Crowne is of siluer, which hee taketh at the hand of the Archbishop of Milan, in the Citie of Modena, after he is arriued in Italy. Yet true it is, that the Emperour Henrie receiued it at Milan in S. Ambrose Church: and haply so haue some other Emperors. Siluer signifieth clean­nesse and brightnesse. Yet some writers haue sayd, the first Crowne is of siluer, and the second of iron, which Cass. denieth.

The third Crowne is of pure golde, where­with he is crowned at Rome by the Pope, in the Church of S. Peter, before the Altar of S. Mau­riee. Gold is accompted the most excellent of all mettals, and of such perfection in Iustice Emperors and Princes ought be. In these three mettals all Tributes and other dueties were an­ciently payd vnto Emperors.

At the Inauguration and Coronation of an Emperor, putting vpon him his mantell, these words are pronounced, viz. Thou oughtest to burne in the zeale of faith, and so long as thou doest liue, endeuour to preserue peace.

When the Scepter and sword are deliuered into his hand, it is likewise said vnto him: viz. By these signes thou art admonished to correct subiects with a fatherly chastisement, extending thy hand of mercie, first vnto the ministers of God, and next to widowes, and fatherlesse children: so shall the oyle of mercie ne­uer fall from thy head, and both in this world, and the world to come, thou shalt be rewarded with an euerlasting crowne.

CHAP. 5.
Of Kings.

REx dicitur a regendo, quia dignus est regere populum suum in bello, eundem (que) ab inimicis sua magnanimitate & virtute de­fendere. For the better conceiuing of that which fol­loweth, it shall not be impertinent to know, that Kings, Princes, and other soueraigne Commanders, did in the beginning) aspire vnto greatnes by puissance and force: of which number Cain was the first, as Austen lib. 15. de ciuitate Dei cap. 20. writeth. This Cain to the end he might with more commoditie command his people, builded a citie, calling it by his sonnes name Enoch: and was the first citie in the world, as appeareth in Genes. cap. 4.

After the flood, the first King that raigned, was Nimrod descended of the line of Cham, as we find in Gen. 9. whose sonne builded the Tower of Babel, intending to make the same of height equall to the heauen. But the Lord offended with his ambition inspired the people to speake in diuers languages, for before that time, all men had onely one tongue, Gen. cap. 9.

[Page 216] These and other Princes were oppressors of people, and displeasing to God, for which cause they receiued vnfortunate ende. The first King of Barbary, exercising the arte Magike was slaine by the deuill. In like manner other ancient Monarkes raigning tyrannically, ended their liues by violence. As Pharaoh (whose heart being hardned against the Lord) was drowned in the red sea, Exod. 14. Also Corah, Dathan, and Abiram, swallow­ed vp by the earth, Numb. 16. Antiochus eaten of lice, 2. Mac. 9. Saul the first King of Israel, disobedient to Dauid, and other ministers of the Lord, was wounded of the Philistims, and in the end desperately stabbed himselfe to death with his owne sword, 1. Kings. 31. And Absalon the sonne of Dauid, rebelling against his father, was slaine by Ioab, 1. King. 14.

Too long it were to tell by how many meanes the Almighty Lord hath punished the vngodly and impious oppressors of people, and with what power and grace he hath protected those Kings & Princes that gouerned with Iustice, & maintained people in peace: for indeede there is no power but from God, as Christ speaking to Pilat said: Non haberes potestatem ad­uersum me vllam, nisi datum tibi esset desuper. Ioh. 19. It appeareth also that good Princes doe deserue diuine honour, as S. Austen seemeth to affirme. And the Apostle in his Epistle to Timothy saith. Qui bene praesunt, duplici honore dignisunt. Good and godly Kings therfore haue receiued from God diuine vertue aboue all other creatures. As was scene in Saul: who being made King by Samuel foorthwith became inspired with the gift of Pro­phecie, and the Spirit of God did enter into him, whereby he prophecied with other Prophets. 1. King. cap. 10.

We reade likewise that Salomon being created King, obtayned the ex­cellencie of wisedome, 1. King. 3.

If seemeth also that Kings, are diuinely inspired with diuers other par­ttcular graces and vertues: as the kings of England and France (by touching only) do cure an infirmity called The Kings euill, & the Kings of Spaine (as some writers affirme) haue power to cast diuels out of mēs bodies.

Kings anciently were crowned with crownes flo­reall: but at this day, their crowes are both floreall and Archall, with an Orbe and Crosse.

CHAP. 6.
Of Queenes.

NExt and neerest vnto the King, his Queene is to take place, because the weareth a Regall Crowne, which no other per­son but a King may doe.

It seemeth also that a Queene ought to sit on the Kings right hand: which honour the sacred Scriptures do allow, [Page 217] Psal. 45. Astitit Regina à dextris tuis in vestitu deaurato. And if she be a may­den Queene Soueraigne, and absolute, shee is In pari dignitate with a King, & may precede him also according to the dignitie of her kingdome. And if she be a Queene of three entiere kingdomes (as our Soueraigne is) she may assume the title of an Empresse.

Also Officers and ministers appertaining vnto a Queene absolute, are priuiledged equall with the Officers of Kings, and may take place accor­dingly Lu de Pen. Ca. de priuilegijs.

Note also that albeit a Queene be the daughter of a Duke or an Earle, or any other inferior degree, yet shall she be called Queene by the dignitie of her husband. And if she be the daughter of a King, superior to her hus­band, then may she also reteine the dignitie of her fathers daughter. Iac. Re­buff. & alij dig▪ lib. 12. which was the reason that the Lady Claudia daugh­ter vnto King Lewis the 12. did take place before the Lady Loysia of Sauoy, notwithstanding shee was mother to King Francis the first. So did the daughter precede the mother.

Yet some doe hold that a Kings mother ought be preferred before all o­thers: alleaging the Text, Positus est thronus matris iuxta thronum Regis, the 3. of Kings. We reade also in the same place, that King Solomon beholding his mother comming towards him, adored her, and caused a Throne to be set on his right hand. Which seemeth indeede to be her place, in absence of the Queene, not otherwise: as mine Author writeth.

CHAP. 7.
A Prince.

LIke as the splendent beames of the Sunne, doe spread themselues in giuing light, heat and comfort, vnto all li­uing things, without any dimunition of his proper vertue, either in substance, course, or brightnesse: so from the sa­cred power, and Regall authoritie of Emperours, Kings, and Queenes, all earthly dignities doe proceed, yet their owne Princely and soueraigne power In sua prima sublimitate doth not suf­fer or sustaine any blemish or detriment.

The first place and chiefest, degree therefore (after the Estates aforena­med) appertaineth vnto the Prince, or eldest sonne of the King, in respect he is the first borne childe of his father, and may claime to sit on the right hand, as Baldus seemeth to affirme, saying, Primogenitus sedet ad dextram pa­tris, by imitation of the Christian beleefe.

Note that the eldest sonne of a King hath euer a title of greater dignitie, then his other brethren, viz. In England hee is called Prince of Wales, in France the Dolphin, in Spaine, L' Infante, &c.

Princeps dicitur quia est quasi prinicipalis in s [...]renuitate post Regem. In En­land [Page 218] he is borne Duke of Cornewall, and therefore needeth no ducall crea­tion: when he is made Prince, he is presented before the King in Princely robes, who putteth about his necke a sword bendwise, a cap and Coronet ouer his head, a ring ouer his middle finger, a verge of gold in his hand, and his Letters pattents after they be read.

The second place is due vnto the first sonne of the Kings eldest sonne. So as the nephew seemeth to precede the vncle, which hath bene a questi­on of great difficultie, and left vnto triall of the sword. Yet in France it hath bene diuers times, diuersly iudged, but for the most part in fauour of the Nephew. And in England the Nephew was preferred before the Vncle, as Baldus noteth.

CHAP. 8.
An Archduke.

THe thirde place belongeth vnto the Kings brothers, Vncles, and Nephewes, who are reputed as Archdukes, because they precede all other Dukes, being not of the blood Royall: yet haue I not read or heard, that euer any such dignitie hath bene in England, by the name of Archduke. This title is of highest note in the Empire, and pro­per onely to the house of Austria. For as Archbishops are preferred be­fore all other Bishops, in respect of the word Archos, id est, Princeps Episcopo­rum, so it seemeth the Archduke may reasonably claime place before all o­ther Dukes.

Some hold opinion that this title of Archduke may be assumed by the eldest brother of euery Ducall family in Germany, & hath bene by custome so vsed, as a title of greatest dignitie among brethren.

But Tillet saith, that in France, when any great Duke had the conduct of an Armie, and thereby commanded other Dukes vnder him, then was hee called Duke of France, that is to say, Duke of Dukes. The which office for that it had so great a superintendencie, was afterward called Meyer du Pal­lays. This Meyer or Maior, had the authoritie of a Vice-Roy, and comman­ded in all causes both Military and Ciuil.

To this degree of Archduke belongeth a Surcoat, a Mantle, and a hood of Crimsin veluet, wherewith he is inuested at his Creation, he hath also a Chapeau or Ducal cap doubled Ermin indented, with a Coronet about the same, and one arch of gold with an Orbe, hee also beareth a Verge or rod of gold.

CHAP. 9.
A Duke.

THe fourth degree in Precedencie is a Duke, who at the first was euer a Leader of an Armie Emperial or Regal: He was called Dux à ducen­do, quia ob suam fortitudinem & mag­nanimitatem per se exercitum ducere dignus erat. He was anciently chosen in the field, either by casting of Lots, or common voyce. The Saxons (before their conquest) called this Leader an Hertzog, and was afterwards taken for the Constable of England, whose office was to be chiefe Leader of the Kings battel. But the trueth is, that during the tur­bulent state of conquering, and wandring Nations, their degrees of Dukes were in chiefest force; But since Kingdomes and Principalities haue bene settled, they are become onely dignities giuen by Emperours, Kings and Princes, to men of great blood or excellent merit.

These Dukes are ornified with a Surcoat, Mantle, and Hood: at their Creation they weare also a Ducall cap doubled Ermin, but not indented. They haue also a Coronet, and Verge of gold.

Note here that in England all Dukes of the Kings blood, as his sonne, brother, vncle, or nephew, ought be reputed as Archdukes, and precede all other Dukes.

Note also, that hee who is a Duke tantùm, shall take place before any Lord that is both a Marquesse and an Earle, notwithstanding they be two dignities But he that is a Duke and Marquesse, or a Duke and an Earle, shal march before a Duke tantùm.

CHAP. 10.
A Marquesse.

THe fift estate is a Marquesse, cal­led by the Saxons, A Marken Reue, that is to say, a Ruler of the Marches. This great Officer (in the Kings battaile) was chiefe Captaine of the Horse campe, and next it au­thoritie vnto the He [...]tzog or Constable, so that it should seeme he was in degree, as our High Marshall is in England.

To this estate is due a Surcoat, Mantle, and Hood, with a Coronet of golde Fleury.

CHAP. 11.
An Earle.

THe sixt in Precedency is an Earle, which the Saxons called an Elder­man. id est, Iudex. He for grauitie in counsell was called Comes Illu­stris, à comitando Principem: or as some say, à comitiua, quia dignus est sua strenuitate ducere comitiuam in bello, & ipsam sua animi fortitudine regere, & defendere. The dignitie of Earles is of diuers kindes: for an Earle acknowledging no superiour, is equall to a Prince; but if he acknowledge a superior, he is but in degree with a Generall. And as Earles for their vertues and heroicall qualities, are reputed Princes, or companions vnto Princes: so ought they (according to their calling) to be richly apparelled, honourably followed, and serued, and with badges of honour, titles, and princely ceremonies to be euer dignified.

In the Empire at this day are sundry sorts of Earles, which they call Graues: as Landgraues, id est, regionum Comites. Margraues, id est, certarum marcarum seu districtuum vel agri, ciuitatis, aut regionis alicuius finium Comites. Palatins, qui sunt Iudices regni edomiti. Burgraues, quasi [...] Comites. Rheingraues, qui praesunt rusticis.

In the Court Imperiall, Comes was anciently the title of sundry officers: as Comes Largitionum, Comes laborum, Comes Consistorianus, Comes Palatij. Co­mes Palaij had Iura Regalia, and thereby might erect Barons vnder them, as Hugh Lupus first Count Palatin of Chester made eight Barons, and had that Earledome giuen vnto him by the Conqueror: ita liberè ad Gladium, sicut ipse Rex tenebat Angliam ad Coronam.

The Countie of Lancaster was made County Palatine by King Edward the third, and had Barons, Chancerie, and Seale, & so had the Bishopricks of Durham and Ely. The Offices of these Barons were to sit in Councell and Parliament with the Earle in his Pallace, and to honor his Court with their presence. Also for more magnificence, these Earles kept their Grand­iours, and festiuall dayes, as absolute Princes in their prouinces.

Comes Marescallus Angliae, is an Earle by office, and so is no other Earle of England but hee: he is in the vancancie of the Constable, the Kings lieu­tenant Generall in all marshall affaires. His office is of great commande­ment, and endued with many honourable priuiledges. King Rich. the se­cond in the 21. of his reigne granted to Thomas Holland Duke of Surrey Earle Marshal of England, Quod idem Dux ratione officij sui habeat, gerat, & deferat quendā baculū aureum, circa vtrum (que) finem de nigro annulatum, non ob­stante quod aliquis alius ante haec tempora, baculum ligneum portare consueuerit.

To the degree of an Earle belongeth a Surcoat, a Mantle, and a Hood, with a Coronet of gold with points only, and no flowers.

CHAP. 12.
A Vicount.

A Vicount is in degree & dignity next vnto an Erle: it was anciently a name of Office vnder an Earle, and called Vicecomes or Subcomes; and this office was to heare and determine causes of difference, and to execute Iustice in the Earles County. The Saxons called him the Shyre-Reue, and in the Norman speech Vicount. Hee is of greater dignity then a Baron: as is the Vicount de Thureyn, and the Vicount of Com­bre in Fraunce; or as the Vicounts Mountacute, and Vicount Howard of Bin­don in England. This degree hath a Surcoat, a Mantle, and a Hood, and a Circulet without either Floures or Points, as appeareth in the Margent.

CHAP. 13.
A Baron.

NExt ensueth a Baron, which dignity was called in the Bri­tish tongue Dynast, in the Saxon Thayn, in Latine Baro, which signifieth Vir grauis: for Albertus de Rosa in his Dicti­onary expressing the signification of the word Baro, sayth: Barones dicuntur graues personae, à Graeco vocabulo Baria, quod idem est quod autoritas grauis. Likewise Calap. in his Dictionary sayth, Baro est vir fortis, à quo fit diminutiuum Barunculus. Men in this dignity were euer of great reputation; for Hortensius speaking of Barons (whome Dominicus de S. Gemi. calleth also Capitanius) sayth, Non solum militare, sed prudenter atque grauiter ipsis ducibus consulere officium est Baronis.

Barons were also anciently accounted companions to Earls and others of higher dignity, and therefore reckoned of that number, called Peeres, or Pares regni, or Pares homines, of some men pronounced Parhomines, and cor­ruptly Barones, conuerting the letter P. into B. as Libard for Leopard.

The dignitie of a Baron is thus defined. Baronia est quaedam dignitas in­ter nobiles, habens quandam praeeminentiam inter solos simplices nobiles, post prin­cipatus, ex consuetudine introductam, & ex quodam mod [...] vtendi diuer simode di­uersas patrias▪ Cass.

It seemeth also that a Baron in diuers Countreys is diuersly esteemed: for in England they are to proceede according to their segniority; but in Burgundy they be reputed the greatest Barons that are of greatest possessi­ons. And as a Duke had anciently vnder him ten Earles or Earledomes, [Page 223] and an Earle 10 Baronies, so a Baron ought be commander of some com­petent company of Segniories, & the greater the number be, the more his honour. Quanto maiora qu [...]tractat, tanto ipse maior est. Dauid. Likewise Sa­lustius in his Prooeme of Catelin sayd, Maxima gloria, in maximo Imperio.

In the kingdome of Naples all Gentlemen hauing iurisdiction appertai­ning to their lands and castels, are called Barons: yet in diuers places of France no Segniory is reputed a Barony, vnlesse it hath belonging vnto it foure Castels, one Hospital, one Colledge with a Chruch: hauing also a Seale autentike: Which dignitie is preferred before the title of Gentle­men, yet is inferiour to all Countiships: such is the opinion of Cassa­neus, lib. 8.

One other degree of great estate and titular dignity there is, called Prin­ces: although in England I haue not seene or read of any such in that kind yet where that title is in vse, they precede Barons: Some of them haue Iu­raregalia, and therefore do hold that dignitie either by custome or priui­ledge: as the princes of Orange, Piedemont, and Achaia haue Iura regalia. But others do hold that title by custome, which is of great force, as Baldus affir­meth saying, Consuetudini standum erit.

A Baron hath not Potestatem Principis, yet is he numbred among noble personages, and some Barons (by reason of their Baronies) haue so much authority ouer their owne vassals as if they conspire against them, that of­fence is called treason, in respect whereof, the title of Baron is so much the more honourable.

Note that a Baron hauing Iura Imperialia or Iura Regalia, is reputed e­qual vnto an Earle, notwithstanding the Earldome, or Barony doe differ in dignity.

Note also, that Barons doe participate of diuers priuiledges and Immu­nities proper vnto other dignities aforesayd; they are Lords of the Parlia­ment in England, and of them it is called the Barons Court. For the Par­liament makes not Barons, but Barons Parliaments.

The title of Barons in France, was (anciently) generall, aswel to Prin­ces of blood, as all others holding immediatly of the Crowne So do we cal the greatest estates of England by the names of Barons, Lords Spiritual, and Temporall. Of Barons in England there hath bene also anciently di­uers sorts. Some were Barons in name, but not noble, as the Barons of the fiue Ports, and Barons of London whom Bracton maketh mention of in these words, Coram Baronibus London. And in another place, Sicut Barones London coràm me testantur. The Barons of the Exchequer are of like con­dition.

Other Barons both in name and dignitie, yet not called honorable, were Barons created by the Earles Palatines.

Of Barons honourable, are three degrees, viz. by Tenure, by Creation, and by Writ.

Barons by Tenure, are Bishops chiefly caled Lords Spiritual, and euer reputed honorable, not in respect of noblenes in blood, but for their fun­ction and office, they are Peeres and Barons of the Realme. They are also first in nomination, and take place on the Princes right hand in the Parlia­ment [Page 224] chamber. They are also called Right honourable Lords, and Reue­rent Fathers in God. They haue bene likewise capable of Temporal digni­ties, as Baronies, and Earledomes. Some of them be accounted Counts Palatine in their proper iurisdiction.

Barons by writ, are summoned by their proper surnames, as A. B. Che­ualier, although (indeede) he be no Knight. And all those Barons so called by writ, the dignitie is inuested in their owne sirname, and so in their owne persons, and not in their Castles, Houses, Manors, or Lordships.

Barons by creation, are either solemnely created by another name, then their owne, as in the right of their wiues or mothers. Or els by the names of some Castle, House, Manor, or Lordship.

In which diuersities although Barons be diuersly made, yet are they all alike in their callings, and though in shew some of their dignities be of a place certaine, yet is the right dignitie in the person of the Baron. For ad­mit a Baron should [...]ell, or exchange the place, whereof he is called, yet shal he still holde the name, and be written and reputed thereby, and haue his place, and voyce in Parliament by the same name hee was first called or created.

Of Knights and Knighthood we haue at large discoursed in the second Booke, only this is to be remēbred that the forme of dubbing of Knights, both in warre and peace, is not now obserued, as it hath bene: Nam Mili­tes tunica suorum armorum, & torque indui, gladio cingt, & calcaribus auratis or­narisolebant, and the Prince in the action thereof pronounced these words: Soyez loyal Chlr. en nom de Dieu, & S. George.

Miles dicitur, quasi vnus electus ex mille, olim inter Romanos mille homines strenui & maximè bellicosi electiinter caeteros fuerunt, & quilibet eorum dictus fuit miles, quasi vnus ex mille.

CHAP. 14.
Of Esquiers.

AN Esquier or Escuier (commonly called Squier) is he that was antiently called Scutiger, and to this day in the latine is named Armiger. These men, as sir Thomas Smith in his booke de Rcip. Anglorum, doth describe them▪ are Gentlemen bea­ring armes, or armories, as the French do call it, in testimo­ny of the Nobilitie or race from whence they are come. Esquiers be taken for no distinct order of the common weale, but goe with the residue of Gentlemen: saue that (as hee thinketh) they be those men who beare Armes, in signe (as I haue said) of the race and familie whereof they are descended. In respect whereof they haue neither creation nor dubbing, vnlesse it be such as hold office by the Princes gift and receiue a collar of SS. Or els they were at the first, costrels or bearers of the Arm [...] of Lords [Page 224] or Knights, and by that had their name for a dignitie and honour, giuen to distinguish them from common Souldiers, called in Latine Gregarij milites. So is euery Esquier a Gentleman, but euery Gentleman not an Esquier, vnlesse he be such a one as beareth Armes, which Armes are giuen either by the Prince, as a testimonie of fauour, or a signe of his vertue that recei­ued them, or both: either else by donation of the Kings of Armes, who by the Princes Commandement or Commission haue authoritie at their dis­cretion to bestow such honour, with consent of the Earle Marshall.

Somerset Glouer, that learned Herauld, maketh foure definitions, or seue­rall sorts of Esquiers according to the custome of England.

The first of them, and the most ancient, are the eldest sonnes of Knights, and eldest sonnes of them successiuely.

The second sort, are the eldest sonnes of the younger sonnes of Barons, and Noble men of higher degree, which take end, & are determined when the chiefe Masles of such elder sonnes doe faile, and that the inheritance goeth away with the heires females▪

The third sort are those, that by the King are created Esquiets by the gift of a Collar of SS. and such bearing Armes are the principall of that coat Armour, and of their whole race, out of whose families although di­uers other houses doe spring and issue, yet the eldest of that coat Armour onely is an Esquier, and the residue are but Gentlemen.

The fourth and last sort of Esquiers are such, as bearing office in the common weale, or in the Kings house, are therefore called and reputed to be Esquiers, as the Serieants at the Lawe, the Escheators in euery shire, and in the Kings house, the Serieant of euery Office: but hauing no Armes, that degree dieth with them, and their issue is not ennobled thereby.

Mounsieur P. Pithou, in his memories of the Earles of Champagne, and Brie saith further, that among the Fiefes of Normandy, the Fiefe called Fiefe de Haubert, was that which in Latine is Feuda Loricae, or Feuda Scutife­rorum the very originall of the name of our Esquiers, comming of the Armes, and seruice which they ought to Knights, for they helde their land of a Knight by Scutage, as a Knight helde his land of the King, by Knights seruice. And such Fiefes were called Vray Vassaulx, being bound alwayes to serue their Lorde (by reason of their Fiefe) without pay.

There are also in England other sorts of Esquiers, which courtesie and custome haue made, among which they are reputed Esquiers that are able at the Musters to present a Launce, or light horse, for the Princes ser­uice, not vnlike the manner of the Spaniardes, where all freehoulders are called Caualieros, that doe keepe horse for the Kings impolyments.

CHAP. 15.
Of Gentlemen.

GEntlemen are they who in the Greeke are called Eugeneis, in Latine Nobiles or Ingenui, in the French Nobles, in the English Gentlemen. Gens in Latine betokeneth a race, a sir­name, or family: as the Romans had Traquinij, Valerij, Quin­tij, Claudij, Cincinnati, Fabij, Cossi, and such like: so haue we in England certaine names, which for their continuance in reputation, vertue, and riches, may be in Latine called Agnati or Gentiles, that is, men knowen, or Gentlemen of this or that name and family. But let vs consider how this Nobility is defined, and by how many meanes men doe thereun­to aspire.

Iudocus Clicthouius defineth Nobilitie thus: Nobilitas est generis velalte­rius rei excellentia ac dignitas, Tract. Nobil. Cap. 1. Nobility is the excellen­cie of gentle race, or of some other good quality. And Bartholus discour­sing long, whether Nobilitie and Dignity be but one, concludeth they are not: yet (said he) the one resembleth the other, Lib. 1. Cap. de Dig. adding, That as he to whome God hath vouchsafed his grace, is before his diuine Maiesty, noble; so before men, who so is fauoured by his Prince or the Lawes, ought be receiued for noble. This Nobilitie therefore is thus defi­ned: Nobilitas est qualitas illata per Principatum tenentem, qua quis vltra accep­tos plebeios honestus ostenditur: Nobility is a title bestowed by him that hol­deth place of the Prince, and maketh him that receiueth it to be of better reputation then other men.

Of Nobilitie (or as we call it Gentilitie) diuers diuisions by diuers men haue bene. Bartholus sayth, That of Nobility there are three kinds, viz. No­bilitas theologica seu supernaturalis, Nobilitas naturalis, Nobilitas politica.

The first is a certaine Nobilitie knowen to God only: and they that be so ennobled, be noble for integrity and vertue.

The second Nobility may be considered in two respects, as Bartholus af­firmeth: For, both creatures vnreasonable and they that are senslesse may (in some sort) be called Noble, as we see Birds euen of one Espece or kind, some prooue noble and some ignoble; as of Falcons, some are Gentle and some Haggard. Likewise of fourefooted beasts, some are Noble, as the Ly­on; some ignoble, as the Wolfe: which Ouid in his booke de Tristibus well expresseth:

[Page 226] Politica nobilitas, is that honour which the Prince giueth: as hath bene formerly said.

Aristotle in his 4. booke of Politikes maketh foure kindes of Nobility, viz. Diuitiarum, Generis, Virtutis, & Disciplinae: that is, noble by riches, no­ble by ancestors, noble for vertue, and noble for learning. But leauing to say more concerning the qualitie of Nobility, let vs returne to those per­sons that we formerly called priuate or simple Gentlemen. We say there­fore that they ought be preferred before all other men without dignity, whensoeuer any comparison is made. For this word Gentleman or Nobi­lis, id est, nos cibilis, is a name of preheminence to distinguish men of ver­tue from base people. We read in holy Scripture, how Moses constituted certaine Iudges, and called them Sapientes and Nobiles, Deut. 1. Samuel was also called Nobilis for his excellencie in prophecying. It is likewise in Ec­cles. Beata terra cuius Rex nobilis est. And Aristot. in his Polit. sayth, Nobilitas apud omnes in honore habetur. And Seneca sayth, Habet hoc proprium generosus animus, quod concitatur ad honesta. Now for so much as Nobility or Gene­rositie is the first degree or steppe whereby men ascend to greater dignity, it seemeth fit to be enformed how that title is acquired. We say therefore, that some are Gentlemen by blood of Ancestours, as appeareth in the booke of Wisd 3. Gloria hominis ex honore patris sui, & contumelia filij pater sine honore. Also, Gloria filiorum parentes eorum, Prou. 18. Yet is this to be vn­derstood, that the worde Parentes signifieth the Nobilitie of fathers, not of mothers, as Bal. affirmeth Cap. de Seruis fugiti. Of which opinion Cicero in his Offices seemeth to be, saying, Optima haereditas à patribus traditur liberis, omnis (que), patrimonio praestantior gloria virtutis, rerum (que) gestarum.

Secondly men are made Noble for wisdome: for in true wisdome No­bility consisteth, Sap. 7. And Prudence ought bee preferred before all ri­ches, yea nothing desirable can be thereunto compared, Prou 8.

Thirdly men are aduanced for learning in the Lawes Ciuil: hereof it commeth, that Doctors of Law are to be honoured so highly, as no other man (how honourable soeuer) shall presume to call them Fratres, but Do­mini, Le. 1. Cod. Yet Bonus de Curtili in his treatise of Nobility sayth, That in the opinion of Bartolus, knowledge or learning doth not make a Gentle­man, vnlesse hee be dignified with the title of Doctor, or graced by some office of reputation, and if that be taken away, he shalbe reputed a com­mon person.

Item, men placed in Offices Iudicial, are thereby made noble: for euery Iudge ought be reputed a Gentleman in regard of his Office. Also euery officer vnder the Prince, I meane, hauing any Office of honor or worship, is therby made a Gentleman. Dignitas & nobilitas idem sunt Bart de Dig li. 12.

Item, men become noble for vertue, and chiefly Iustice: which moued Lucas de Penna to define Nobilitie thus, Nobilitas nihil aliud est, quàm habitus operatioque virtutis, in homine. And another old writer summarily saith,

Item, if any common person by his vertue or fortune doe chance to be made a Duke, and Earle, a Baron, or do aspire to any other dignitie of honor or worship, he thereby becommeth a Gentleman. Or if he be made a Cap­taine of a Countrey or castle, hauing pension or fee appertaining thereun­to, he ought be a Gentleman: For which reason, euery man of dignitie is a Gentleman.

Item, they are Nobilitated to whom the Prince granteth any honorable Fee farme, Pension, or intertainement for life: chiefly if the same be ancient. Quoniam feodum nobile nobilitat suum possessorem. And that Fee is indeed an­cient and Honourable, which by custome is vsed to be giuen by the Prince to Gentlemen onely, and if the same be granted to any ignoble person, that donation doeth not presently make the receiuer noble: Quoniam nobilitas ictu oculi non nascitur. Bal. Praeludij Feodorū Lucas de Penna saith, that if a Yeo­man do buy an honorable Fee, he shal not thereby become a Gentleman. The reason therof is, Res à persona sumit cōditionem, & honorē, & non e contra.

Item, by common opinion some ignoble persons are called Gentlemen. Of these the number is infinite, yet are they not indeed Noble, but vulgarly so esteemed: as Lucas de Penna saith.

Item, men are ennobled by the Princes grant, as Baldus affirmeth, Yet if a simple subiect, being made a Gentleman, doe not exercise the qualities beseeming that dignitie, he ought be depriued of that title: Or if hee con­uerse with base men, or apparell himselfe and his wife in garments vnfit for their degree, they shall not be accompted Noble. Quia habitus demonstrat qualitatem & dignitatem personae deferentis. And as these persons made Gen­tlemen, in not exercising the professions of that degree, doe loose the bene­fit thereof: So Captaines and Souldiers discontinuing the warre, doe by Law loose their reputation. Milites not exercentes militiam, non gaudent priuilegijs militum. Bal. in lib. 1. Cod.

Item men may sometimes become Noble in respect of the place where they were borne: For the Citizens of famous Townes may reasonably be thought more worthy then villaines. Yet if a Gentleman doe inhabite his village, he shall neuerthelesse continue Noble. Quia nobilis à rustico, non lo­co, sed genere distinguitur.

Item, all men in the princes ordinary seruice and houshold are thereby ennobled, and ought be Gentlemen. The words [...] the Law be these. Omnes famulantes principi sunt in dignitate & ideo nobiles: cum dignitas & nobilitas idem sunt. Bart. lib. 1. Ca. de Dignit. 12.

Item, some Gentlemen doe hold that dignitie by 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.

[Page 228] 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,

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, shalbe 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 [Page 229] 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,

A Gentleman aduanced for vertue shalbe 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 cōmon 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. Qu [...]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, the more rich they were, the more they were esteemed.

[Page 231] Among the Grecians there was not anciently any meane to be aduan­ced, but only by the Emperours seruice: wherein whosoeuer did continue any time (were he neuer so basely borne) should notwithstanding be made a Gentleman.

The Egyptians and Affyrians would not admit any man to haue the ti­tle of a Gentleman, vnlesse he were a souldier, and skilfull in Militarie af­faires. The rest of the people liued as slaues without reputation.

The Tartarians and Muscouites doe holde no man worthy the name of a Gentleman, vnlesse he be a man of Armes, a Captaine, or at the least, a souldier of extraordinary account. For learning is there of no price.

CHAP. 19.
Of Kingdomes, and how Kings are to precede according to the Councell of Constance, in the time of King Henry the fift.

WE reade that anciently the greatest, and most noble Kings of the world were these: viz. The King of Sycionia, the King Egypt, and the King of Assyria; but of them, that of Assyria of greatest power. For Ninus the sonne of Belus, had con­quered and brought to his obedience all the people of Asia, (India excepted.) Others affirme hee commaunded the one halfe of the world, and some say he was King of a third part. So writeth S. Augustine li. 17. cap. 17. de ci. Dei.

It is likewise by other writers said, that in ancient time were foure migh­ty Kingdomes (by Daniel) compared to foure mettals: viz, That of Assy­rians in the East was likened vnto gold: that of the Persians and Medians to siluer: that of the North Regions to brasse: that of the Romans in the West to yron. But the kingdomes of the East were most honourable, though (at length) it pleased God that the Empire of Rome (resembled to yron) both in longitude and latitude exceeded all others: For as yron doth cut and decrease all other mettals, so the dominion and power of Romanes abased and eclipsed all other Regall puissance. Howsoeuer that were, the glory and greatnesse of the Romane force (in tract of time) did also become of small force, weake and feeble: according to the prophesie of Daniel, ca. 2.

But leauing to speake more of times so ancient, we say that in Asia the chiefe Kingdomes are Catai, Tharses, Turnester, Corasina, India, Persia, Media, Georgia, Syria, Cappadocia, Ethinia, &c.

In Affrica, is Ethiopia, Libya, Arabia, Iudea, Cilicia, Mauritania, Numidia and others.

In Europe are likewise many kingdomes, but of them, these are most po­tent: viz. England, France, Scotland, Spaine, Portugal, Denmark, Moscouia, Sweden, Poland. &c.

Now touching the Precedence of these Princes in Europe by diuers wri­ters [Page 232] it is affirmed, that the King of France may iustly claime the chiefe place.

First, for that it pleased God to send from heauen vnto Clodoueus the first Christian King of that Nation, three Lilies (as a Diuine fauour) to be from thenceforth borne in the Armes of that kingdome, before which time the Kings Armes was three Toades.

Secondly, they alleage that France is the most ancient kingdome of Eu­rope, and that Suardus was King of that Nation in the raigne of Alexander.

Thirdly, because the King of France is anointed: which indeed seemeth a marke of much preeminence.

Fourthly, for that the French King beareth the title of Most Christian.

Lastly, because it hath been in sundry papall Consistories decreed, that the Ambassadours of France should precede the Ambassadors of Spaine.

Others hold that Precedencie appertaineth to the King of Spaine.

First, for that he is entituled, The most Catholique King.

Secondly, because he is King of many kingdomes, and consequently of most honour, according to the prouerbe of Sal. In mulitudine populi digni­tas regis: which reason Salust seemeth also to confirme, saying, Maxima gloria in maximo Imperio.

But we say the chiefe place of honour, and Precedencie in Europe, ap­pertaineth to the King of England.

First, in respect of ancienty. For albeit Alexander first King of the Gre­cians, and of Persia, called himselfe King of the world: euen at that time Brutus was King of England, and (as some haue sayd) Suardus was then King of France. But Gaquinus in his Chronicle of France, maketh no mention thereof, not recordeth his name among the number of French Kings.

Secondly, the king of England is anointed, and so is no other king, but the French King, the King of Sicil, and the King of Ierusalem.

Thirdly, the King of England is crowned, which honour the King of Spaine, Portugal, Aragon, Nauarra, and many other Princes haue not.

Fourthly, the King of England is a Prince most absolute, as from whom is no appellation, either in iurisdiction Ecclesiastical or Ciuil.

And albeit Enqueranus Monstellet writeth that in the yeere 1420. at the Interuiew of the Kings of England and France, making their entrie into the Citie of Paris, the French King did ride on the right hand, and kissed the Relikes of Saints first: Yet is that no proofe of his right in precedence: for Quilibet rex seu Princeps, in suo regno in culmine sedere debet: so saith Cor­setus de potestate Regia.

And admit that in time more ancient, the Kings of France had prece­dence before England, yet since the Conquest, & famous victories of Henry the fift, and Coronation of Henry the sixt in Paris, the Kings of England may iustly take place: neither is the title of most Christian any proofe of ancienty, being only an honour giuen for certein seruices done by King Pepin and Charlemaine to the Church of Rome.

As for the allegation of Spaine affirming that the King Catholike is ow­ner of many kingdomes, and therefore of most honor: that reason is of no consequence. For so is also the King of England, whose only kingdome of [Page 233] England is by nature inexpugnable, and so plentifully peopled as sufficeth not onely to defend it selfe against all other Nations, but also to inuade, and conquer, as both Spaine and France hath made experience.

But the last and most effectuall reason in fauour of England, is, that the King and people thereof receiued the Gospell and faith Christian before France or Spaine. Also the Bishops with the Ambassadours English had precedence in the greatest general Councels of Christendome, as particu­larly appeared at the Councell of Constance, where the Bishops of England were present and honoured accordingly. At which time it was doubted whether Spaine should be admitted a nation, but in the end the Spaniards were allowed for the fift and last nation. And al the people there assembled were diuided into fiue classes or rankes, viz. Germanes, French, English, Italians, and Spaniards.

The Germane ranke contained themselues, Bohemia, Hungaria, Polonia, Dalmatia, Graecia, and Croatia.

The French had place alone, as a nation absolute.

To the English Nation, Scotland, Norway, Denmark, Sweden, and Cyprus were adioyned.

The Italians had all the Kingdomes subiect to Rome, Sicily, Naples and Argier.

With the Spaniards were the Ambassadors and Bishops of Castilia, Ar­ragon, Maiorca, Nauarra, Portugall and Granado.

This assembly contained the Legates and Ambassadors of 83. Kings. Besides the person of the Emperor, and King of Romanes, two Popes (for one died there,) fiue Patriarches, three and thirty Cardinals, fourtie and seuen Archbishops, a hundreth forty and fiue Bishops, and 83. Suffragans.

Thirty and nine Dukes.

Thirty and seuen Earles being absolute Princes.

An hundreth and thirtie inferior Earles.

Seuentie and nine free Lords or Barons.

Knights of all Nations fifteene hundred.

Gentlemen twentie thousand, besides Doctors, Licentiats, and Schole­men infinite.

For the King of England appeared Richard Beauchamp Earle of Warwick, with him were foure Bishops, viz. Sarisbury, Chester, Bathe, and Bangor. Sa­risbury died during that Councell, and liuing tooke his place aboue all o­ther Bishops, as an Archbishop, and for the time was placed last in the ranke of Archbishops.

• Hurting de Clough Knight.
• Iohn Waterton Knight.
• Iohn Seton Knight.
• Piers Craft Knight.
• Iohn Roch Knight.
• Iames Hermford Knight.
• Beringer de Beaumont
• Knight.

• [Page 235]Nicholas Serpon.
• William Newland.
• Geffrey Offley.
• Walter Hungerford.
• Hugh Holdbach.
• Iohn Fitton.
• Thomas Wileot.
• Richard Dutton.
• Oliuer Dunley.
• Petrs Craft.
• Iohn Lantsdon.
• Iohn Roche.
• Thomas Fanhes.
• William Newland.
• Iohn Merbory.
• Iohn Otlinger.
• Ralfe Rainscroft.
• Henry Vessey.
• William Vessey.

• Henry Abundy.
• Iohn Wells.
• Iohn Sheirford.
• Doctors in Diuinitie.

• Thomas Palton.
• Robert Appleton.
• Iohn Stokes.
• Ciuilians.

• The Lord Prior of Orsestry.
• Peter Rodley.
• Priamus Farbach.

CHAP. 20.
Of Magistrates.

NExt vnder Emperors, Kings and Princes Souereigne, are foure degrees of Magistrates.

Some are called Magni and Illustres.

Some are Medij and Spectabiles.

Some are Minimi and Clarissimi.

And some are Infimi.

The first may be named Magistrates souereigne, as they who acknow­ledge no superior, but the Maiestie of the Prince.

The second are they that yeeld obedience to them, and command o­ther Magistrates their inferiors.

The latter two are such as cannot command any Magistrate, but haue power only ouer particular subiects within the limits of their iurisdiction.

Touching the first that haue authority to commaund all other Magi­strates, and acknowledge no superior but the Prince, they are fewer at this day then heretofore. Yet certaine it seemeth, that some Romane Empe­rours authorized one Magistrate or Lieutenant (without any companion) to command all other Magistrates of the Empire, and to him all Gouer­nours and Magistrates did appeale: Which Magistrate they called Praefe­ctus Praetorio. True it is, that at the beginning he was of no greater quality [Page 236] then Captaine of the Legions Praetorian, as Seius Strabo, vnder Augustus, and Seianus vnder Tibertus; vntill other Emperors succeeding by litle and litle encreased their authority, as in the end the Praefectus Praetorio became Lieu­tenant generall, and iudge of all questions and causes whatsoeuer, by which occasion, that office was giuen vnto men learned in the Lawe: as Martian vnder Otho, Papinian vnder Seuerus, and Vlpian vnder Alexander. All which came to passe, before Armes were diuided from lawes, and Iu­sticers from Captaines. Afterwards, this great office became imparted vnto two, and sometimes three persons, purposely to abridge the excessiue authority of one.

But touching the Precedencie of Magistrates, albeit they cannot aptly be ranged with those of the Empire, yet may they (in some sort) be placed according to the dignitie and degrees of those titles which the Romanes anciently vsed. And touching their authority, it shal not be amisse to know that a Magistrate is an Officer hauing power to command in the common weale: among whom in the Romane Empire, the Praefectus Praetorio was the chiefe, hauing authority aboue all other Officers, to whom also euery one did appeale.

To this Praetor or Praefect we may compare the Grand Mayor du Pallais in France, who in times past did in that kingdome beare chiefe office. To him also in some sort we may resemble the high Seneschal of England, vnder King William the Conqueror, and other Kings his successors. These Ma­gistrates might therefore bee reasonably called Illustrissimi chiefly in the Kings absence. For sure it is, that in presence of the King all power of Ma­gistrates and Commissioners also doth cease: For during that time, they haue no authority of commandement either ouer other subiects, or other Officers their inferiors. But this mighty Magistrate is no more either in England or France, yet during their authoritie they were called Illustrissmi: which title signified a certein preeminencie aboue all Magistrates that were Illustres, either Honorarij or Administrantes. Nam accidentia denomi­nant Subiectum.

Next to these Illustrissimi or Maximi, the chiefe place of Precedencie is due vnto those whome we called Illustres, and among them the L. Chan­cellour is chiefe: etiam in dignitate impari: as one whose excellent vertue ought be preferred before all other officers.

Likewise the Lord high Constable or Lord Marshall is a Magistrate Illust. the Lord Treasurer, Admirall of England, the Lord Chamberlaine, and all others of the Kings priuie Councell may assume the title of per­sons Illust. or (as we commonly call them) right Honorable. So saith Cass.

It seemeth also that Doctours who haue read in schoole the space of twenty yeeres, may be called Illustrissimi as Purpuratus noteth.

To these Illust. or right Honourable personages, the lawes Emperiall haue graunted many great priuiledges, as the same Barthol. discourseth.

After these, the Magistrates (whome we formerly called Spectabiles and may in our tongue be tearmed Honourable) ought to follow: as com­manders in Armes, Iudges, Gouernours, or Lieutenants Generall of Pro­uinces and Cities, &c.

[Page 236] The fourth place appertaineth to them that anciently were named Cla­rissimi or Right worshipfull, who are inferiour Iusticers and Ministers, Co­lonels, Captaines, and meane Officers, &c.

Lastly are they whome the Romanes intituled Infimi, and in English Worshipfull, as Captaines of particular Castles, Iudges in Townes cor­porate, where no action is triable aboue 3000 shillings.

Note here that euery Magistrate is an Officer, but euery Officer is not a Magistrate: and of all Magistrates the Lord Chancellor hath euer had pre­cedence, not onely in England and Fraunce, but of all anciencie in euery other place: for read we may, that Eginardus who wrote the life of Carolus Magnus, was his Chancellor. Likewise Tribonianus was Chancellor vnto the Emperor Iustinian; Iosaphat was Chancellor to King Dauid, 2. of Kings; Vlpianus to the Emperour Alexander; Seneca to Nero: and in France, the Chancellor hath so great preheminence, as he precedeth the Constable, vnlesse he be the Kings brother or his sonne. For the better memory of the degrees aforesaid, Lucas de Penna speaking of titular dignity, hath left these verses vnderwritten.

CHAP. 21.
Of Officers, and their Precedencie.

OFficers seruing Princes are of diuers sorts: among which, some doe attend the Princes person, others haue charge of his Treasure; some are ministers of Iustice, and some are commanders in warre.

For the better conceiuing of our intention therfore, and the order of that which followeth, it behooueth to know, That the first places of dignity doe appertaine to those that are attendant and admini­strant in office illustrious. The second is due to them that haue heretofore borne office of dignity, and are now vacant. The third belongeth to those that haue obtained an office of dignity in reuersion.

These diuers degrees were in the Emperiall Court called Administran­tes, Vacantes, and Honorarij.

The officers Administrant are to precede; next to them the Vacants, and then the Honorarij or officers extraordinarie: in which order they are euer to take place, In simili dignitate, non in dignitate dispari.

But to begin with Administrants and their order among themselues, thus it is: He that was first placed or sworne, ought euer to precede, and so in order from the first to the last, In paridignitate. As for example: a Gen­tleman of the Kings Chamber in ordinary attendance, shall take place be­fore all other Gentlemen, in part dignitate.

[Page 237] The like order ought be obserued by the Vacants: for he that hath bene longest vacant, may take place before him that is lesse ancient in vacancie. As for example: He that was a Viceroy or an Embassador ten yeeres past, shall sit before him that serued since, in pari dignitate.

The same course is to be kept among the number of Honorantes or ser­uants extraordinary. As for example: Hee to whome any office or other place of dignity is granted in reuersion, being first therin placed or sworne, shall goe before all others of his ranke, in pari dignitate. As for example: A Master of Requests extraordinary must precede all others that haue since obtained that dignity; yet true it is, that an officer extraordinary may be by birth or otherwise so priuiledged, as he shall take place of a Vacant, and sometimes also of an Administrant.

Note also that euery office or dignity granted by the Prince in his own presence, shall be of greater reputation then if the same were giuen in ab­sence, or sent vnto him that receiueth it, data paritate in reliquis.

The same law also commandeth that a Vacant shalbe preferred before an officer extraordinary: and men of Armes seruing in any Emperiall or Royall Court, shalbe priuiledged before others in pari dignitate. Iohan. de Platea.

Note likewise that these officers (whome we call Vacants) are of two sorts: The one are they that haue absolutely quitted their offices, or con­sented their places may be supplied by others: the other are they, who had office in some City, Court, or Countrey, where now no such office is: as the Counsellors of Milain, when that State was subiect to the French king, are now no more officers in that City, being subiect to the King of Spaine: yet doe they hold place of other Vacants, in pari dignitate.

Likewise an Officer Administrant may sometime precede an Officer Extraordinary, etiam in dignitate dispari. But otherwise it is with a Vacant or extraordinary officer, for he is neuer preferred in pari dignitate. We call him Extraordinary, that hath onely the name of an Officer, without admi­nistration or fee: yet shall he goe before all others of that place, being his punies or men of no place. As for example: A Gentleman waiter Extra­ordinary shall not onely precede all other Gentlemen of lesse ancientie, but also sit before all other Gentlemen not the Kings seruants, in pari dig­nitate. And consequently euery man Extraordinary in the Princes seruice, shall take place before all other men without office, and in pari dignitate.

It is also to be remembred, that in euery office neere the person of the King, or in his Royall house, there is euer one supreme and superlatiue of­ficer aboue the rest: and after him other Honorable officers of diuers de­grees. The rest are equall, yet with respect that he who was first preferred, shall take place first. As for example: The chiefe Officer of the Emperors house was called Praefectus sacri Palatij, and vnder him were certaine Comi­tes; as in the Court of England her Maiesties supreme Officer of houshold is the Lord Steward, and next to him the Treasurer, Comptroller, & Cof­ferer: in France, Le Grand Maistre: in Spaine, El Maggior domo, &c.

Likewise those Emperors had one Praefectus sacri Cubiculi: another Sta­buli, with their Comites: as our Souereigne hath a Lord Chamberlaine, a [Page 238] Master of the horse, and diuers officers inferiour to them. The rest of her seruants in euery particular office, are to proceede as equals, hauing respect to ancienty: For he that was first aduanced ought alwayes to take place first, in pari dignitate. Which rule may direct euery man to goe, as becom­meth his qualitie, and consequently eschewe all occasions of offence, or presumption. Whereunto we will adde one thing (perhaps by euery one not obserued, or to all men not knowen) which is, that all men seruing neere vnto the Princes person (in what office or place soeuer) are thereby priuiledged and honoured. The words of the Law are these. Adhaerentes lateri Principis, & eidem in officio seruientes, nobilitantur, & nobiles efficiuntur. Omnes famulantes principi sunt in dignitate, & ideo nobiles: cum dignitas & no­bilitas idem sunt. Bart. Cap. de dignitatibus.

CHAP. 22.
Of Honourable places due to great Estates, their wiues and children.

CHAP. 23.
The proceeding of Parliament to Westminster, from her Maiesties Royall Pallace of VVhite Hall.

• FIrst, Messengers of the Chamber.
• Gentlemen two and two.
• Esquiers two and two.
• The sixe Clerkes of the Chancerie.
• Clerkes of the Starre-chamber.
• [Page 251] Clerkes of the Signet.
• Clerkes of the priuie Counsell.
• The Masters of the Chancery.
• Esquiers of the Body.

• The Queenes Attorney and Soliciter.
• Sergeants of the Law.
• The Queenes Sergeant alone.
• The Barons of the Exchequer two, and two.
• Iudges of the Common Pleas.
• Iudges of the Kings Bench.
  Pursuy­uants.
  Pursuy­uants.
• The Lord chiefe Baron, and the Lord chiefe Iustice of the Common Pleas.
• The Master of the Roules, and the Lord chiefe Iustice of the Kings Bench.
• Batcheler Knights.
• Knights of the Bathe.
• Knights Bannerets.
• Knights of the Priuie Counsell two and two.
• Knights of the Garter.
• The Queenes Maiesties Cloake and Hat borne by a Knight or an Esquier.
• Noblemens yonger sonnes,
  Heralds.
  Heralds.
  and heires apparant two and two.
• The principall Secretary, being no Baron.
• The Vice-chamberlaine.
• The Treasourer and Comptroller of the Houshold.
• Barons in their Robes, two and two. The yongest form ost.
• Bishops in their Robes, two and two.
• The Lord Admirall, and the Lord Chamberlaine of House­hold together, if they be Barons, and In pari dignitate.

• Viscounts in their Robes, two and two, the yongest formost.
• Earles in their Robes, two and two, they yongest formost.
• Marquesses in their Robes.
• Dukes in their Robes.
• The Lord President of the Counsell, and the Lord Priuie Seale.
• Lord Steward of the Queenes house, and the Lord great Chamberlaine.

• The Almner. The Master of Requests.
• The Lord Chanceler, and the Lord Tresurer of England to­gether.
• [Page 243] The Archbishop of Canterbury, & the Archbishop of Yorke together.
• Sergeants at Armes. Sergeants at Armes.

• The Cap of Estate borne by the Marques of Winchester, and with him on the left hand the Earle Marshall of England with his gilt rod.
• The Sword borne by an Earle.

• The Pensioners on ech side of her Maiestie bearing Poleaxes.
• The Lord Chamberlaine, and the Vize-chamberlaine on eche side of the Queene (if they attend out of their ranke) but somewhat be­hinde her.
• The Master of the Horse, leading a spare Horse next behinde her Ma­iestie.
• Ladies and Gentlewomen, according to their Estates, two and two.
• The Captaine of the Guard with all the Guard folowing, two & two.

CHAP. 24.
The placing of great Officers according to the Acte of Parliament made, An. 31. H. 8.

THe Lord Vicegerent shalbe placed on the Bishops side aboue them all.

Then the Lord Chauncellour.

The Lord Treasorer.

The Lord President of the priuie Counsell.

The Lord Priuie seale.

These foure being of the degree of a Baron, or aboue, shall sit in the Parliament in all assemblies of Councell aboue Dukes, not being of the blood Royall, viz. The Kings brother, Vncle, or Nephewes, &c.

And these sixe.

The Lord great Chamberlaine of England.

The Lord High Constable of England.

The Earle Marshall of England.

The Lord Admirall of England.

The Lord great Master of Steward of the Kings house.

The Lord Chamberlaine of the Kings houshold.

These sixe are placed in all assemblies of Councell, after Lord priuie Seale, according to their degrees, and estates, So that if he be a Baron, to sit aboue all Barons: and if he be an Earle, aboue all Earles. And so likewise [Page 244] the Kings principall Secretary, being a Baron of the Parliament, hath place aboue all Barons, and if he be of higher degree, he shall sit and be placed according thereunto.

Note, If any of the Officers aboue mentioned, be not of the degree of a Baron, whereby he hath not power to assent, or dissent in the high Court of Parliament, then he, or they are to sit on the vppermost Wolsacke in the Parliament chamber, the one aboue the other in like order as is spe­cified.

The Nobilitie Temporall are placed according to the auncientie of their seuerall creations, and so are the Lords Spirituall, sauing,

• The Archbishop of Canterburie,	So placed of dignitie.
  The Archbishop of Yorke.

• Bishop of London.	So placed by Acte of Parliament.
  Bishop of Durham.
  Bishop of Winhcester.

The rest of the Bishops haue their places according to the senioritie of their seuerall consecrations. And this for their placing in the Parliament house. Howbeit when the Archbishop of Canterburie sitteth in his Prouin­ciall assembly, he hath on his right hand the Archbishop of Yorke, and next vnto him the Bishop of Winchester, and on the left hand the Bishop of Lon­don. But if it fall out that the Archbishop of Canterburie be not there by the vacation of his See, then the Archbishop of Yorke is to take his place, who admitteth the Bishop of London to his right hand, and the Prelate of Winchester to his left, the rest sitting as is before said, as they are elders by consecration.

CHAP. 25.
The Queenes Maiesties most royall proceeding in State from Somerset place to Pauls Church. Ann. 1588.

ON Sunday the 24. day of Nouember, Anno 1588. our So­ueraigne Lady Queene Elizabeth rode with great solemni­tie in her open chariot from Somerset house in the Strond, to the Cathedr [...]l Church of S. Paul in London: where, at the West doore before her Maiesties entrance in, there was prouided a rich Chaire of Estate, and the ground being spred likewise with tapits, her Maiestie kneeled downe against a deske couered with very Princely furniture, and said the Lords prayer: and then the Bishop of Lon­don in his Cope, deliuered her a booke containing all the Orders, Char­ters, and Priuiledges belonging to the said Church: which her Maiesty re­ceiuing, [Page 245] did confirme and redeliuer vnto the Bishop in the presence of all the Prebends and Churchmen, who attended her Highnesse in very rich Copes: and so with the whole Quire singing before her, she proceeded vp into the Chancell, where within a Trauers she rested vntill the Procession and other diuine Anthems were sung. After which, her Maiesty entred in­to the place ordained for the Duchie of Lancaster, which at that time was newly reedified with faire and large glasse windowes, in which she stayed during the Sermon preached at the Crosse by Doctor Perce then Bish. of Salisbury; where, with the whole assembly of the people she gaue God pub­licke thankes for that 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.

• Messengers of the Chamber.
• Gentlemen Harbingers.
• Seruants to Ambassadors.

• Gentlemen,	Her Maiestics seruants.
  Esquires,

• 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.
• [Page 246] 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.

• 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.

• [Page 247]Earles.
• Dukes eldest sonnes.
• Marquesses.
• Dukes.

• 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.

• 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 [Page 249] 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: yet he who findeth himselfe within his owne Libertie or Iurisdi­ction, shalbe preferred: which mooued Caesar to wish himselfe to be rather the chiefe man of a little village among the Alpes, then the second person in Rome.

Among common persons also (chiefly where no dignity is) fathers are to precede their sonnes: Honora patrem tuum, & gemitum matris tuae ne obli­uiscaris, Eccles 3. Likewise among equals, age is to be preferred in respect of wisdome and experience. Many priuiledges and immunities are also due to old age, and they in counsell ought to speake first: Loquere maior na­tu, decet enim te, Ecclesiast. 2.

In the number of men meane borne, they that be learned deserue most reputation, chiefly when both for Armes and Ciuil gouernment they de­serue praise, because such men be meete, as well for peace as warre. Also among learned men the first place is due to Diuines, the next to Ciuilians, and the third to Physicians. But Arnoldus de Villa Noua, sayth, Primus locus in mensasolet seruari Sacerdoti, & Medico, in domo infirmi.

After men learned, Iudges of inferiour Courts, Notaries, and Clerkes doe seeme worthy of respect and preferrement: for more credit is to be giuen vnto a Notary or Scribe then to other men: Super faciem Scribae im­ponet honorem, Eccles.

Also among popular persons, they that be vertuous ought bee most esteemed: because it were iniury to take reward from men of good desert. Honor est praemium virtutis, Arist. 8. Ethic.

Men of good and charitable mind, are also worthy honour: for actions of Iustice and pietie, are vniuersally praised: and the more, because men indued with vertues intellectiue, are not many, Perdifficile est bonum esse, Pittacus.

In this number of Plebeians, to be naturally borne of the countrey or towne where a man dwelleth, is also reason he should be esteemed: for Ci­cero sayth, Potiores sunt Ciues quam peregrini.

[Page 250] They are likewise worthy of respect, that are persons of good fame and name: Bona fama impinguat ossa, Eccle.

Among strangers, they ought be preferred that are borne in ciuil and noble Nations: for by obseruation we see the people of some countreys are prone to infamous conditions, and others inclined to honest endeuor. Apuleius calleth the Aegyptians learned, the Iewes superstitious, the Scy­thians poore of corne, the Arabians rich in sweete odours: and Liuie no­teth the Carthaginians for their perfidie, and Cicero taxeth the Spaniards for their crast, but praiseth the Graecians for skill in Artes. Horace sayth the Brytons are stout men, and franke house-keepers, and the Persians pro­mise breakers, &c. Howsoeuer it be, experience prooueth that all coun­treys are inhabited, and euery man preferreth the place of his birth: Dulcis amor patriae, —

Among Citizens and inferiour persons, they are not to bee neglected that descend of honest parents: for a [...]be it euery mans mind be his owne, yet the temperature of the parents complexion giueth a certaine aptnesse to vertue or vice, whereof we presume the childe good or euill. And vere­ly albeit one man begetteth another, yet rarely one minde bringeth forth another of like capacitie and qualitie. Non mens, vt corpus, patrio de semine manat. Pall.

Also rich men are to be preferred, because the more a man possesseth in the State, the more carefull he will be to conserue it: but poore men de­firing to better their fortune, are apt to innouation.

After rich men, persons honest and industrious ought be esteemed: for idle and vnprofitable members in euery Commonweale deserue rather to be punished then esteemed. Omnis arbor quae non facit fructum bonum excide­tur, & in ignem mittetur: Mat 3.

Among these sorts of men, beauty and seemely proportion of bodie do promise much good, and are to be preferred: of which opinion Plato see­med to be, saying, Optimumest bene valere. Secundo loco formosum esse. Tertio habere diuitias bono modo partas. And Ouid. Gratior est pulchro veniens de cor­pore Virtus.

Likewise of these men some deserue preferment for excellencie in the Art they professe, and some because they are employed in Arts more ne­cessary and commendable, as Architectors, and such Artificers as are en­tertained by Princes, for they are dignified by their place, according as the Prince affecteth their facultie, which mooued Martial speaking of Cookes seruing Princes, to say,

CHAP. 27.
Of Funerals.

AS man (aboue other creatures) is honoured in life, so ought his buriall be decent and honourable: Wherein we are to follow the example of our Sauiour Christ being both God and man. For albeit he subiected himselfe to worldly con­tumelies, and death ignominious, yet was his Funerall no­table and glorious, according to the prophesie of Esay, saying, Eterit sepul­chrum eius gloriosum pro vt sepulchra Adae; Abrahae, Isaac & Iacob, & eorum vxorum, & aliorum plurium patriarcharum fuerit gloriosa Cap. 11.

It seemeth also (of all ancientie) that burying of the dead hath bene much commended: For we finde in Eccles. Mortuo non negabis gratiam, id est, sepulturam. We reade likewise that Tob. did bestow sepulture vpon men dead and slaine.

The Romanes likewise vsed many ceremonies in burying of the dead, anointing their bodies, and in burning them caused many sweet spices to be cast into the fire. For so was the corps of Sylla buried. This custome was also obserued among the Egyptians, as appeareth in the last of Gene. where Ioseph commanded his Phisitions, that they should embalme the bodie of his father Iacob. In performing of which Ceremony they spent forty daies, and thirty in mourning. In like manner, the people of Israel mourned for Moses thirty daies. Deut. 34. And Valerius tit de Seruata relig. Maketh men­tion that after the battell and slaughter at Canna, the Senate of Rome com­manded that e [...]ery Matrone of Rome should mourne thirtie dayes, and not longer. Other customes among other Nations haue bene vsed: for some were enioyned to end their mourning within fourty dayes: some others within three, and some in seuen. But in France and England the vse of mour­ning hath euer bene thirtie dayes, chiefly among persons of honour, as may be conceiued of a sentence giuen in Burgundy by an Officiall there, who hauing cited before him a Ladie called Iaquelina de la Trimoille daughter to the Kings Lieutenant generall in Burgundy, vpon certaine promises matri­moniall, she answered by Proctor, her apparance ought be excused, in respect the thirty dayes of her fathers death were not expired: During which time she might not goe out of her house, which Plea was allowed.

By that which hath bene formerly sayd of the last of Gen. we may ob­serue three particular honours appertaining vnto a funerall, viz. the em­balming of the bodie: the solemne mourning, and the concourse of friends when the corps is carried to interrement. For Ioseph assembled all his chiese kinsfolke and friends of the house of Pharaoh to accompany his father vnto the graue: which custome is still continued specially among persons of State and reputation. And indeede no Nation is so vnciuill or sauage, as [Page 252] vtterly to contemne the honest buriall of mens bodies. Yet doe we reade that the Lotophagi doe cast their dead bodies into the Sea, affirming it ma­keth no matter whether they consume by earth or water. Which custome the excellent Doctor Modestinus reproueth in these words: Laudandus est magis quàm accusandus haeres, qui reliquias testatoris non in mare secundum ip­sius voluntatem abiecerit, sed in memoriam humanae conditionis sepulturae tradi­dit. Neither doe I like the conceite of Solon, who dying in Cyprus comman­ded his heires, that the bones of his bodie should be burned, and the ashes dispersed throughout the Countrey.

In old time, the Albanoys thought it no point of pietie to take care of the dead: which Christians may not allow, as hath bene formerly said: Noli mortuo denegare gratiam, Eccl. 2.

The Scythians were wont to eate the flesh of dead bodies at their feastes, as a dish of great delicacie and honour: and the Hircani kept dogges pur­posely to deuoure dead mens carcases. Likewise the Parthians seeing any dead bodie, of man, beast, or bird, did foorthwith teare off the flesh and then buried the bones.

The Massagetae vsed to beate old mens bodies to death with a cudgell, and then gaue them to be eaten by Shepheards dogges, and such as died of sickenesse were deuoured by wilde beasts. All which customes do deserue to be abhorred.

But the Athenians were so carefull of Funerall dutie, as if any man did neglect to burie a Captaine slaine, he was capitally punished. And the Egyptians in building of their houses, did neuer forget to make their Tombes with pyramides and other ornaments of excessiue cost: and they dying, their bodies were embalmed and kept therein: as Cicero in his first booke of Tusculane questions seemeth to affirme.

The first great Prince that begun to bury bodies of men slaine in the warre, was Hercules: and such men are much commended by the Prophet. Vos benedicti a Domino, qui fecistis misericordiam hanc cum Domino vestro Saul, & sepelistis eum. Also Maccabaus, commanded his enemies slaine, to be bu­ried as appeareth, 2. Maccob. cap. 10. 12.

Darius being slaine, and his bodie brought to Alexander, was sent vnto his mother Tumbrudina: and Hannibal caused the carkasse of Paulus Emilius to be buried. In like maner Gracchus and Marcellus were buried by their owne enemies. Valerius lib. 5. de humanitate. And Baldus saieth: Expedit reipub, non minus mortuos humari quàm viuentes conseruari.

It is also extant, how Cyrus, by his testament, commanded his owne bo­die should be buried in the earth: and so did the Emperors Caesar and Alex­ander; as Leonardus Aretinus hath written Epist. 94.

But omitting these Rites and Customes of time ancient, and people to vs vnknowen: we see that at the buriall of our Princes and persons of ho­nour all their friends and domesticall seruants doe assemble, and carrie in their hands the Armes, Pennons and other Hatchments appertaining vn­to the defunct. Which ceremonie (for the most part) is performed the 40. day after the decease of the defunct according to the example of cere­monies vsed at the burial of Iacob, as in the 50. of Genesis at large appeareth.

[Page 253] By consideration of which Chapter, it may be conceiued, how pom­pous the Funerals were in the old Testament, and how magnificent houses and Tombes for that vse were allowed, as appeareth, 1. Macchab. 13 cap. Et [...]dificauit Simon super sepulchrum patris su [...], & fratrū suorum [...]dificiū altum vi­su, lapide polito, retro & antè, & statuit septem pyramides, vnam contra vnā, patri & matri, & quatuor fratribus: & his circum posuit columnas magnas, & super columnas arma, ad memoriam aternam: & iuxta arma naues sculptas, quae vide­rentur ab hominibus nauig antibus mare.

It appeareth also in holy Scripture, that the body of Christ was buried with a great ceremony; and how Ioseph and Nicod [...]mus caried him hono­rably. Iohn 19. Venit ergo Ioseph, & tulit corpus Iesu. Venit autem & Nicodemus quivenerat ad Iesum nocte primum, ferens mixturam myrrhae & aloes, quasi li­bras centum. Acceperunt autem corpus Iesu, & ligauerunt cum linteis, cum Aro­matibus, sicut mos est Iudaeorum sepelire &c.

We reade likewise in Tob. 12. Sepelire mortuos est opus pium. By which ex­amples it seemeth that pompous and honourable Funerals are not displea­sing to God, but allowed in all ciuill nations; with this caution, that no man should be so superstitious as to beleeue these externall complements to be propitiatorie vnto the soule. For S. Augustine in his booke de ciuitat Dei saith, Sepulchrorū memoria sumptum funeris magis viuorum est consolatio, quàm defunctorum vtilitas. And S. Ambrose in his sermons sayth thus. Quid proficit sepulchrorum superbia? damna sunt potius viuentium, quàm subsidia mor­tuorum.

Thus much touching honourable burials: whereunto wee will adde, That forso much as diuers degrees of men doe vsually and casually meete at our funerals in England, it seemeth necessary that in accompanying of euery corps, heed should be taken that no indignity be offe [...]ed vnto any Mourner, but ech man to march in such place, as is meete for his estate.

The Heralds therefore by their skill and care, are to take a List or Rolle of all Mourners, then to marshall them into seuerall classes, by their diuers titles, as Gentlemen, Esquires, Knights, Barons, Vicounts, Earles, &c. euer preferring her Maiesties Officers and seruants before all others, in pari dig­nitate. And if none of her Maiesties seruants be there present, then euery one to proceede according to his antienty in pari dignitate.

In this point also it behooueth the Herauld to be heedfull and prouide that no man exceede in expences or charges superfluous, but euery one to confine his cost within the bounds of his abilitie: for otherwise doing, the executors or heires of the defunct, shall hereby receiue preiudice. For some times we haue seene the buriall of an Esquire more costly then was fit for a Knight, and a Knights funeral such as might become a Lord. To a­uoid which excesse I could wish, that excepting the number of poore who are commonly so many as the defunct was yeeres olde, her Maiestie or Lord Marshall would be pleased to prescribe a certaine number of Mour­ners to euery degree, and that no man of greater title then the defunct should be permitted to mourne, so as the chiefe mourner may euer be in pari dignitate with the defunct, and all the rest of meaner qualitie. As at the buriall of an Esquire, onely Esquires, Gentlemen, and other inferiour [Page 238] persons to mourne. At the funerall of a Knight, onely Knights, Esquires, Gentlemen and their inferiors. The like order to be taken at all burials of higher estates. Prouided neuerthelesse, that if the defunct be a Knight of the Garter, a Knight of the Priuie counsel, or a Lord by office, then it may be permitted Noblemen to mourne, because they are reputed persons ho­nourable and in pari dignitate: for as hath bene formerly sayd, Dignitas & Nobilitas idem sunt Barthol de dig.

Nota, That an Officer of Armes weareth the Kings coate at th'enterre­ments of Noblemen, and others of dignitie and Worship, not onely for the ordering of the funerals, and marshalling of the degrees, as aforesayd, but to the intent that the defunct may be knowen to all men to haue died honourably in the Kings allegeance, without spot of infamie, or other dis­worship to his Name, Blood, & Family: And that his heire, if he haue any, or next of whole blood, or some one for him (which commonly is the chief mourner) may publikely receiue in the presence of all the mourners, the Coate armor, Helme, Creast, and other Atchieuements of honour be­longing to the defunct: whereof the King of Armes of the Prouince is to make record, with the defuncts march, issue and decease for the benefit of posterity.

CHAP. 28.
Of Monuments, and Epitaphes.

NOw to close vp these discourses of Honour and humane glory, it shall not be impertinent, to wish that among other things, whereby the memory of Noble Princes, and other great personages is preserued, that some care were also had to saue their Tombes, and places of buriall from ruine and violation A matter of more consequence, then euery one marketh, yet ne­cessary to be looked vnto, both for publique, and priuate respects.

Marcus Tullius in his Oration against Varro telleth how Scipio did thinke Portratures, Pictures, and other Monuments were deuised to ornifie Tem­ples, Cities, and Princes pallaces. In an other place also he saith, they were made to retaine in memory, the excellent Actions of such men, as had liued honourably, and died vertuously.

Another respect publique, to continue Monuments in reputation, is that thereby diuers Arts of good qualitie (as Grauing, Caruing, Masonry, Painting, Imbossing, and other commendable knowledges, be exercised. For by such industry, many princely buildings be beautified, and many Ar­tificers doe aspire to great fame and riches: as Teledius and Theodorus his brother: Lysias and Mentor, who framed the portraitures of Iupiter Capito­linus, and Diana Ephesia, for which labour, the Poet Iuuenal vouchsafed him this commendation: Multus vbique labor, rarae sine Mentore mensae.

But that which perswadeth me most to allow and commend the Scien­ces [Page 231] of sculpture and worke grauen, is this: Wee finde in holy Scripture, how Besaleel the sonne of Vri, and Ooleab the sonne of Achimesech receiued from God the Spirit of knowledge, how to make all manner of grauen workes in gold, siluer, and other mettals, as appeareth in Exod cap. 35.

Seeing then that these Arts of pourtraying, painting, and sculpture, are by so great authoritie approued, in vaine it seemeth to remember the prai­ses which profane Histories haue giuen to Phidias for making the portrai­ture of Iupitre Olympius, or Archesilaus that graued the Image of Diana: workes of more excellencie then can be expressed. The like praise is writ­ten of Lysippus, whose hand onely was permitted to make the pourtraiture of Alexander the Great: as Horace seemeth to affirme.

The Lawes Ciuil hauing regard to the preseruation of monuments, did prouide, that if any bondman or other seruant doe breake or deface any Tombe, or other funerall monument, he shalbe condemned to the galley or forced to grind in a mill (the fact being done by his owne election:) But if he were thereunto commanded, then he shalbe banished only. And who so doeth conuey or take away a part or peece of any tombe or graue, the same shalbe confiscate vnto the Prince, 2. of Cod.

If a Iudge or other Magistrate be informed of any such fact, and doeth not punish the offender, he shall forseit twenty pound in gold: and euery person hauing committed such a crime, shall pay ten pound in golde, and endure such punishments as the lawes haue prescribed. Cod. 3.

Note also that euery offence of this qualitie is reputed equall to peri [...] ­rie: and whoso purloyneth any thing appertaining to a graue or place [...] sepulture, shalbe deemed guiltie both of theft and sacrilege.

So doth it appeare, that the violation of Monuments funerall, hath eu [...] beene reputed a crime infamous: and euery generous minde desiring▪ eternize the memory of his owne vertue, or the honour of his noble A­cestors, cannot endure so great indignity: for as infamous persons en [...] ­uour to bury their vices in obliuion, so excellent spirits doe care that [...]e fame of vertue may continue euer: saying with the Christian Poet:

The Kings of Turky, notwithstanding their misbeleefe and barb [...] me, haue by law commanded, that no man vpon paine of death shal bre [...] the tombe of any Turke, Moore, Iewe, Arabian, Persian, Gentile, or Cl [...]tian, and that law is most strictly obserued: for when Soliman Emperor [...] [...]urks marched with his Army into Egypt, passing through Iudaea, [...] of his Souldiers (neere vnto the city of Gaza) did breake open the [...]aue of a certaine Physician, supposing to find treasure: for which fact, [...]the Em­perors commandement they were apprehended and fourte [...] of them hanged, and three others pierced through their bodies with [...], as per­sons that had committed sacrilege.

The same Emperor also comming into a Chappell at [...] where [Page 256] the monument of Godfrey of Bouillon remaineth, and thereupon this inscri­ption, commanded that no stone thereof should be taken or touched: Hie iacet inclytus Dux Godfrey, Duc de Bouillon, qui totam istam terram acquisiuit cultui, cuius anima regnet cum Christo, Amen.

And sith we are here occasioned to speake of these matters, it shall not be amisse to say somewhat of Epitaphs, being indeed Monuments of no lesse glory and perpetuity, then the greatest Obeliskes and Pyramides of the world.

Of Epitaphs be diuers kindes: some are praiseworthy, some partiall, some inuectiue, some conceited, some Poeticall, and some Morall, accor­ding to the sundry humors and passions of seuerall writers.

The ancient Romanes did make their Epitaphs briefe, plaine, and true, vsing onely a few letters for wordes: but in these our dayes no wordes are thought praises enough, nor no praises can suffice vnlesse they do exceed.

My selfe haue seene Epitaphs, wherein an ordinarie Orator hath beene compared to Cicero, a meane Poet to Virgil, and an audacious captaine to Caesar, Pompey, Scipio, Cyrus, and all the Worthies.

Iulius Caesar had no Epitaph at all, but vnder his pourtraiture some fewe [...]nscriptions: as this, Parenti optimè merito. And on the tombe of Pompey the Great, were these wordes onely, Hic situs est magnus P. Of Cyrus thus, Quisquis es mortalium, & vndecun (que) aduenis (aduenturum enim te scio) Cyrus [...]um qui Persis imperium quaesiui. Hoc igitur humi paululum, quo meum corpus ob­ [...]egitur, mihi ne inuideas: Plutarch. Also of Scipio, onely these few words are [...]ound:

And of later time for Charles the fifth, it was likewise sayd:

Aepitaph (sayth Garzon) should remember the name of the defunct and progenie truely, his countrey and quality briefly, his life and ver­tues [...]destly, and his end Christianly, exhorting rather to example then vaine [...]. And thus much concerning Epitaphs, the kinds whereof be­ing diu [...], and the examples infinite, we will therefore conclude with one general.