Varieties: or, A surveigh of rare and excellent matters necessary and delectable for all sorts of persons. Wherein the principall heads of diverse sciences are illustrated, rare secrets of naturall things unfoulded, &c. Digested into five bookes, whose severall chapters with their contents are to be seene in the table after the epistle dedicatory. By David Person, of Loghlands in Scotland, Gentleman.

OF VARIETIES THE THIRD BOOKE. OF DVELS AND COMBATS.

AS by Duels and Combats (under the false glosse of gaining, main∣taining, or repairing of Honour and reputation) there hath beene more young, generous, and Noble bloud spilt over Christendome, then by any other Pestilentiall Custome whatsoever; So, no Nation hath beene so universally and so long infested with them, as France;

in so farre,* 1.1 that it almost may be said that the first fountaine of them sprang from thence, all Christen∣dome beside not affording so many memorable ones as it alone. Their heat and impatient sudden fury that way being imputed by some of their owne Writers to Mars the Predominant Planet over that Clime: And first I observe, that by their Salick Law Title 69. Duels were authorized,* 1.2 and that Law seconded by the Gambetts Law, as Agobardus ad Ludouicum Impe∣ratorem hath it; and continued so (though not with∣out some opposition till the reigne of Henry 2.

Sect. 1.

Of combats by Champions for Cleering of Queenes Ho∣nours: Combats betwixt Ladies; betwixt Church∣men: and betwixt Iudges: Combatants, rewarded by Kings their Spectators; and S. Almachius kild, for de∣claming against Duels, &c.

LOtharius (saies P. P. Nicolas in his 5. Chapter:) desirous to make tryall of the Chastitie of his Wife Teuberga was advised by the Bishops to choose a Champion,* 1.3 and his wife another; which two were by simple Combats to resolve the Scruple: Their Queenes too had recourse to Duels, in choosing Champions to maintaine their Honours and cleere any imputations layd against them:* 1.4 for Iudeth, Wife to King Lewis the Gentle, being by him accused of having dishonoured his bed, by accompanying with Bernard his kinsman and Prince of the bloud, was

purged of that staine by Bernards entring the lists, and freely offering Combat to any that would main∣taine that wrongfull quarrell.* 1.5 And their Ladies also, not Content to have their honours and their other quarrels maintained by their Champions, have them∣selves to publike view, within lists, body against bo∣dy fought in single Combats, as Petrus de Auriliaco in his Title de Duello, affirmeth.

And not onely their Women, but their Church∣men also, were licensed to decide any debate of great consequence that had risen amongst them by Duell,* 1.6 whereof I will onely mention that out of Gof∣fridus Abbas Vindoci in his 3. booke 38 Epistle. of Rhenold Chesnell Clarke of the Church of Xanites, who fought a Combat with one Guilleaume a Religi∣ous Monke of Vandosme. But more memorable is that of Anselme Besse, Churchman and Treasurer of the Church of Laon, who being accused of having robbed the Church treasury, of severall rich and pre∣cious pieces, and sold them to a Goldsmith of Sois∣sons, who had deposed against him, obstinately deni∣ed the fact, and craved combate, which was granted; they fought, and the Goldsmith was overcome; not∣withstanding these things were sold him by the Monk: yet (saith my Author) the Goldsmith for having vio∣lated his oath, which he had given unto the other, ne∣ver to reveale the theft, was condignely punished.

Nor have their Iudges beene exempted from this triall by duell;* 1.7 for Chopnius de Domanio, Tit. 26. §. 15. telleth of one Marsilli a Counsellor of the Parliament who, being accused by another of corruption or bri∣bery, was dispensed withall by the authority of Par∣liament

to challenge his accuse••, and did fight with him in the quarrell.

Moreover, Petre d' Auriliack declareth, that their Kings did not onely authorize Duels, but were oft∣times eye-witnesses and spectators of them. Charles the 6. (saith Frossard in his 3. Tome) was present on S. Thomas day, behinde S. Martines in the fields at Paris,* 1.8 at the combate of Iohn de Carrouges, and Iames Legris, and from that time conferred a Pension on Carrouges: And Charles the 8. (saith Ferronius, lib. 1. Hist.)* 1.9 did behold Zerbulo and La Laude whilst they fought, and rewarded both, giving to Zerbulo 300. Crownes, and to La Laude 50. And of later dayes K. Henry the 2^d. was present at that of Chastangueraye against Iarnack; of which hereafter.

Nay, the natures of that people in former ages have beene so averse to have any custome, how per∣nicious so ever, abrogated, that it is recorded of S. Al∣machius,* 1.10 that for having declamed publikely against Duels and the frequency of them in his time, he was, by the obstinate and seditious multitude over-run, and violently put to death.

But not minding to fill up this Discourse with the many famous and memorable combats that have bin fought amongst themselves, and against strangers in that Nation; as that of Peter Bajard against Don Alon∣zo de Sancto major: Anno, 1503. Or that of the Earle of Arguemont, against Montmorancy in the Isle of Mai∣siers;* 1.11 or that of Delarges against Vaudrey, Anno 1521. with many others: Or of later dayes, how in King Lewes's voyage towards Limo••ine, six score were kil∣led in single combate; with as many or thereabouts

in his voyage towards Savoy. I will only mention in stead of all two most memorable ones, the one in France, the other in Spaine; and first of the French in the following Section.

Section 2.

A recitall of two memorable duels, the one in France be∣twixt Monsieur de Creky, and Don Philippin: The other in Spaine betweene Pedro Torrello, and Iero∣nimo Anca, both of Arragon: in the presence of Charles the fifth.

THE French shalbe first inserted here, although latest acted, for it was but in the dayes of King Henry the 4^th. surnamed the Great; set downe by du Mathieu, and thus briefly it is. In the warres betwixt the said King, and the Duke of Savoy, for the recovery of the Marquisat of Saluces usurped long before that time, during the time of the French divisions by the said Dukes, and now reclamed by this King, as having bin formerly rent from his Crowne, although it lyeth in a manner within the Savoyards bosome:* 1.12 it fell out so, at the taking in of a little Towne there, that Crekie did vant to have got in that conflict* 1.13 Don Philippin's skarfe: which words being conveighed to his eares, he forthwith challenged Cre∣kie of a lye; and that so much the rather; for that at certaine other swaggerings, where Philippin his fortune was to be before this fatall fight; Crekie like∣wise,

had vented and vaunted,* 1.14 that hee had dipt his hand in the 〈◊〉〈◊〉 bloud; which wrongs (at least so pretended by him) accumulated together, drove him (if the French History say right, for Fides sit pe∣nes Authorem) to undertake the challenge, yet not without the valorous Duke his brothers threatning instigation:* 1.15 the time, place, weapons, judges, and all, agreed upon, they fought couragiously both: but yet so, that the French having the advantage of the Sun, which even then was tending towards the West, by good fortune, and it may be by the equity of the challenge (for Perkins holds Duels not to be examens of innocency) left the Savoiard dead upon the field:

The Spanish duell was more remarkable in its cir∣cumstance,* 1.16 howbeit inferiour in the dignity of the combarants, and in the event of their fight; for al∣though it be proverbially spoken, that the French in single combat or duell, are better than the Spaniard, and the Spaniard in battels and greater numbers doe surpasse the French▪ even so in Italy I have oftentimes heard, that the Florentine alone is more wise, and sub∣tle than the Venetians: but they againe in counsell are more wise and deliberate than the Florentines In this combate the Spaniards gave very sound proofes both of their courage and daring. The discourse of it is at length, and in its punctuall circumstances set downe in their Countrey story,* 1.17 which I will briefly touch.

In the dayes of Charles the 5. that fortunate Prince, for the time both Emperour and King of Spaine, there lived in his Court Peter Torello, & Hierome Anca Arra∣gonois, both Gentlemen of note (for so they were cal∣led) and withall entire and loving Comerades: these

two on some occasion faling to contradictory termes, from words they fell so foule, that it came to a chal∣lenge, from challenge to a meeting, from that to fighting; in which combate, after some bouts, Peter Torello was overthrowne by the default of his Rapi∣er, which either broke, or else was beaten out of the hilt by his Antagonists furious blowes;* 1.18 by whom he was forced instantly either to dye, or sue for life; who being put to that extremity, condescended to accept of his life; but conditionally, that on the faith of a Gen∣tleman, hee should reveale that secret to none living, which he might doe the more trustily, seeing no other were witnesses to it, but more especially seeing it was not through lack of courage on his part, nor of da∣ring, but rather by chance of warre. Things thus put up, they returne to Court, living together after their old fraternity, as if never such a thing had beene a∣mongst them, never so much as a motion or whispe∣ring of it; till within a certaine space of time a report of Torello his overthrow burst out,* 1.19 which comming to his eare after it had beene blazed through the whole Court, he pondered with himselfe, that hee could not be avenged on his companions perfidious∣nesse by a private duell againe, whom hee perswaded himselfe was the onely revealer of his disgrace and that secret; (notwithstanding Hierome Anca certainly affirmed the discovery therof to be by a Neat-heard, who unknowne of them overheard and saw them) Torello therefore being set on revenge to repaire his disgrace, which he beleeved was whispered and talked of by every one, had recourse to the Emperour, and begged at his Majesties hands, that it might please

him for the recovery of his reputation now in questi∣on, to grant him a publike combat with his enemy, who perfidiously against his plighted faith, had re∣vealed the matter, whereof he made a particular re∣hearsall: whereunto the Emperour after many instant solicitations gave way, but with this restriction; that first,* 1.20 they should fight armed: next, that when hee should throw in betwixt them a golden rod, which at solemne times he bore in his hand, they should give over, and not fight to death, as in other combats: these conditions were accepted by both parties, the day and place appointed, where in the Emperours pre∣sence,* 1.21 and face of the whole Court, with great pompe and solemnity, the two combatants did appeare clo∣thed; first, in their most sumptuous attire, and ac∣companied with their most honorable friends: from whence, after low and humble reverences done; first, to the Emperour, sitting there in his Chaire of state, next, to the Chancelor (whom the Story highly re∣gardeth) they were conveighed every one to their own pavilion at the ends of the Carieer; from whence comming forth againe, armed at all peeces, and (as they say) Cap ape, they re-entred the precinct of their appointed place; where after solemne oathes made, that no other quarrell brought them to that hazar∣dous encounter, but the defence of their honour; they commenced that memorable duell to the admiration of their beholders, with uncertaine victory; till in the end, the Emperour throwing his golden rod betwixt them,* 1.22 approving the courage and proofes of both, caused them to be parted, though without great diffi∣culty they could not be separated.

Sect. 3.

How Combats may bee thought permissible: The relation of a Combat betwixt Iarnacke and Chastigneray, in the Presence of King Henry the second of France; citati∣ons of the Canon law against combats: Example of a Combat where the innocent was killed: that the decisi∣on of all such questions whereupon Duells were permit∣ted, ought to be left to God.

IN the former combats Spanish was more remark∣able then the French; that first it was authorized by an Emperour and then countenanced by him. Wher∣in if any would inferre, that by this I would seeme to authorize Duells;* 1.23 hereafter the contrary shall ap∣peare: But thus much I may say; If any sort of Du∣els should be tolerated in a Common-wealth, I thinke that that which is performed after this manner (wherein as in his Miles gloriosus, Plautus speakes, Pes pedi, dextra dextrae, latus lateri opponitur) it is more dis∣pensable then otherwise to permit men to butcher one another; true valour, strength, dexterity and courage being then put to the essay, although with the hazard of their lives, yet not with the infallible losse of any or both, as in other Combats.

These two examples I have brought in out of the French and Spanish Histories, brieflier couched here then in their owne Countrey Registers, Where they are at length and in their smallest circumstances set downe.

Now as here I allow of the Spanish sort of Duells (if any way to be tolerated) so can I not but disap∣prove the French King Henry the second his admit∣ting and permitting of a Duell, not betwixt two men of a privat estate, nor by themselves in private, neither for any remarkable injury done by one to another; but in the face and presence of himselfe and Court in their shirts, and so to inevitable death of either, or both, and for nothing but a leger or slight French quarrell, as a demanti betwixt two notable persons, of two illustrious houses, Iarnak and Chastaigneray; where the fortune of the fight favouring the weaker for the time, to wit Iarnak, sent his adversary, if not from the field to the grave, yet so sore wounded, that with∣in few dayes thereafter he dyed.

I might have alleadged moe of former ages, but that the neerer our owne dayes things fall out, they bring with them the greater credit to the present times.

Charles the fifth his example may bee thought to be tolerable: and though by the constitutions or ra∣ther permissions of some Princes, Duells have beene tolerated, as particularly when the notoriousnesse of a fact (as of murther) can neither be proved by wit∣nesses,* 1.24 nor oathes of parties, and such other legall wayes; which sort of proofes the Civilians call a vul∣gar sort of probation, as in the Decretalls lib. 2. quest. 5. cap. consuluistis, & cap. De Monomachia, is apparent. Neverthelesse, the civill lawes as well as the Canon, do absolutly condemne them, because say they, it is a fallacious proofe, the order of nature favouring com∣monly the stronger above the innocent. As in the

Decretalls cap. supra citato de purgatione vulgari, is manifest by a case propounded of two,* 1.25 who upon ac∣cusations of theft, challenged each other to Combat, where the stronger having overthrowne the weaker, was found neverthelesse guilty; for the goods in question were at last found in the Victors house.

To say here; What shall a Prince doe when hee is importuned by one for Iustice of such or such a man, for this or the like crimes; but to referre it to a Mono∣machy or Duell, seeing other proofes faile?

I answer, that by such meanes both God and the King are tempted; for if God hath reserved to him∣selfe the discovery of what by all searching cannot be discovered, is not that an intolerable importunity, to pry or search any farther in that, but that the Magi∣strate (all legall proofes being used) doe absolve him, whom secundum allegata & probata hee findeth inno∣cent, and refer to the all-seeing and all knowing God, the punishment of him who is guilty, seeing in his owne time he can by meanes unsearch'd by men, bring about a punishment on him, whom peradventure the civill Iudge hath absolved:* 1.26 for otherwise it should seeme, that we were suing after a miracle, by permit∣ting a Combat for proofe, as was used in Linonia or Lapland in like cases, as may bee seene in the aforesaid Chapter De probatione Vulgari in the Decretalls: for there saith the Canonist; If any crime such as that could not be proved, and that the accused or suspected, cryed that he was innocent, and so stood forth in the avouching of his innocency, hee was forced for the more and farther proofe thereof, either bare footed to tread on hot yron, or else to wash his hands in hot boyling water.

For notwithstanding all the circumspection of Iud∣ges in prescribing equality of armes, and all the ob∣jections which can be thought on, either for prescri∣bing equall quarters to both, or to save both from such treachery and circumvention; Yet can neither of these caveats be so punctually and judiciously set downe, but ••hat the one part may be weaker than the other: nei••her yet have we assurance, that God will e∣ver show his justice in such Combats; because it is written, Thou shalt not tempt the Lord thy God.

Sect. 4.

Severall objections for the tolleration of Duells and Com∣bats confuted; Cajetans opinion of Duells wherein al∣so the lawfulnesse of Battells is allowed.

IF it be said here,* 1.27 that David did fight in single Duel with GOLIAH; That maketh not against us for that was done by the instinct of the HOLY Ghost: Neither are all the deeds of the Saints to be obtruded as exemplary for all men, to imitate; they are rather to bee admired than followed: for then Abraham his going to sacrifice his beloved and only Sonne Isaac, might be an instance too for imita∣tion. But with Demosthenes we should live by Lawes not examples, albeit examples are more moving at some times then lawes.

I find indeed,* 1.28 that Cardinall Cajetan admits them; but upon two considerations: first, when two Armies

are ready for the shocke and yet where the most equi∣table part hath the fewest forces, in that case saith he, the event of the battel may be referred to a Duell of one of both armies, for avoyding of greater bloud∣shed; for in that case, si bellum sit licitum, quid ni & duellum? Next when any private man accused of a crime whereof he is innocent, is neverthelesse borne downe by power of adverse parties, if then by the Magistrates authority (to whom he complaineth) a Duell be offered, to decide the question, in that case, hee admits these fights to bee permissible: for why (saith hee) if we may safely fight with a Rogue, who would rob us of our goods, why not with him who would doe so with our honour, it being alike to him, at least the odds not being great, whether he dye by his adversaries hand, or by the sword of the Magistrat, it being a lot of chance experimented in the person of Ionas.

As all the Canonists, save Cajetan only, in the causes and cases above-mentioned do disallow Duells, so the Civilians approve them not; for in the F. de gladia∣toribus. L. Constant. it is said, that Cruenta spectacula in otio civili non placent. Then Leo and Anthemius Titulo de Feriis. L. Dies festos command, ut lachrymosa specta∣cula ferarum tollantur. Now if such sanguinolent and bloudy showes and baitings of Bores, Leopards, Bulls and Lions, either amongst themselves, or else of con∣demned persons with them, yea and sometimes of ven∣turous fellowes to try their strength and daringnesse with them, were for these unnaturall sights prohibi∣ted, much more thinke I, should these of men one with other bee absolutely discharged.

Now if it be objected here, that in the civill law, wee find the Emperours themselves,* 1.29 to have promised immunity and impunity to the gladiators, who either had vanquished their Commerad, or peradventure killed him in such fights, as ad Aquiliam. L. Qua actione. §. Si quis, is evident:

To that I answer, and not without the same Law.

That such killing when it did happen amongst these Luctators (which were men appointed to wrestle and fight together for sport to the people, who be∣held them barter strokes, and exchange blowes in the bottome of the Amphitheatre called Arena, whi∣lest they sate in security) was not injuriae causâ, or by any premeditated malice, but only by meere accident without the deliberation of him, qui intulit damnum; whereas in these combats or Duells, they flye to it on intention and resolution, either to kill or to bee kil∣led: and the intention judgeth our actions, not the events.

Neither need I for this be reputed an Anabaptist,* 1.30 though I refute the lawfulnesse of duells, by the afore-said reasons; as though I therefore denied the lawful∣nesse of necessary Warres, because they are founded upon some apparent grounds of Scripture, for out of the same we have many Warrants more inforcing be∣sides examples where the Lord of Hosts hath showne his power and approbation in favouring of battels un∣dertaken for his cause.* 1.31

To say si bellum sit licitum, quidni & duellum? if a War be lawfull, why not a Duell?

It followeth not, for howsoever Majus and Minus change not the species and kinds of things, as we say

in the Schooles, yet is there great discrepance betwixt the two; for battels are approved by the authoritie of God, nature and Nations; provided the causes bee lawfull and just, as pro aris & focis: for the other there are none at all; for David and Golias, their fight carry no example for imitation: But if any Nations have tollerated them, it hath beene but such,

Quos sol obliqua non nisi luce videt.

Not the Greeks, Latins, Assyrians, Aegyptians and the like.

Sect. 5.

Cajetans reason for referring the event of Battels to Mo∣nomachie: Where also is inserted the story of the Hora∣tii and Curiatii.

AS for the first condition admitted by Cajetan for Duells; which is, when two armies are ready to joyne, for preventing of greater bloud-shed, he averreth that it is better to referre the event of a battell to a Monomachy of two, then other∣wise to hazard all:

There is nothing more memorable in all the Ro∣man History then the experience of this,* 1.32 in that no∣table not so much Monomachy as Polymachy of three brethren, Romans, called Horatii, against other three brethren of the Alban side called Curiatii, and those partly of kinne and alliance, to which the decision of the victory of either of the armies, by the Roman and

Alban Kings with their whole armies consent was concredited.

Those sixe in the middle of both Armies valou∣rously fighting for their owne private lives and credit, their countreys fame and liberty, having so glorious a Theatre to act so important and tragicall a combat upon,* 1.33 did so bravely on both sides, that the panting armies were in no lesse anxiety for the event of their tryalls, then the perplexed combatants themselves: at length the victory, which seemed dubiously dispo∣sed in favours of either side begun to incline to the Al∣bans first, and that by the death of two of the Roman brethren; whereupon the Roman Survaior counter∣feits to fly, and so was pursued by the other three; but turning to the formost of his pursuers he set so furi∣ously upon him that hee forthwith killed him; then turning to the second with like fury rewarded him af∣ter the same manner: Now the Survaiour of the Cu∣riatii being brother in Law to this victorious Roman, received the same lot that his brothers had from his valorous hands, which afterwards caused the death of his owne Sister, the last killed Albans Spouse, as in the Roman Historie may be read at large.

Section 6.

That Kings and Generals of Armies, for saving of the greater bloudshed of their Souldiers, have fought sin∣gle for victories. Examples of both. A quarrell and challenge betwixt the Emperour Charles the fifth, and Francis the first, King of France: how it tooke no effect.

VVHEN I say then, that neither the Greeks nor Romans admitted single combats, it must bee understood, except in time of just warres, in which ei∣ther one or moe souldiers may single out a combate with one of the adverse party, with permission of the Generall, or else one Generall with another for sa∣ving the bloud-shed of many; as Cassius and Marcel∣lus did each of them fight with their adverse Gene∣rals:* 1.34 yea, and sometimes Kings one against another have done so for sparing the bloud of their subjects; As Alexander the great did combate single with Porus King of the Indians, Godfrey of Bovillon, against Ar∣nold King of the Saxons; Romulus, with one of the Kings of Latium; and Hundick King of Saxony, with a King of Denmarke;* 1.35 and of fresher memory, Charles of Aniou challenged Peter of Arragon, to duell; where at Burdeaux in Aquitany, before the Prince of Wales, for the time, with swords, they should have tried the right and claime that they both pretended to the Crowne of Naples, but they met not just on the day and place appointed; whose default it was, their di∣verse

Histories agree not: like as the Histories of France and Spaine dissent upon the challenge given in a manner, and accepted by Charles the 5^th. Emperour for the time, and King of Spaine, with Francis the first of that name, King of France: albeit Guicchardin neu∣trall to both; and reputed as another Cornelius Tacitus for his impartiality in his History of Italy, following forth the circumstances of the battell at Pavie shew∣eth at length, how the French King Francis was bea∣ten there, and taken prisoner by the Viceroy of Na∣ples, Generall of the Imperiall forces, from whence by sea he was conveighed into Spaine: and how after a long and strait imprisonment, he was put to so high and invaluable ransome as lightly hath not beene heard of: moreover, the quitting of the best branch of the patrimony of his Crowne, the rites, titles and interests he pretended to the Kingdome of Naples, the Dutchy of Milan,* 1.36 for the which then they had beene a swaggering; His rights and soveraignties of Artois, Brabant, Hainault, and so forth: yea, to the mariage of Eleonora Widow of the King of Portugall and sister to the said Emperour, a ransome which he was as unwil∣ling to pay as agree to any of the former Articles, her favour being as it was unfavourable to him, who o∣therwise was an amorous Prince; and although the distressed King subscribed to all, and confirmed the Articles with his promise, yet it was so, that often he protested even there (neither did he smother it) that promise what he would, performe them he could not, neither legally might he. So that being set at liberty, his two sonnes accepted in hostage for him, and re∣turned home; he was charged by the Emperour for

the performance of the points subscribed by him: whereto he answered, That it was not in his power, no more than in any other Kings to alienate things belonging to the Crowne,* 1.37 without the consent of his whole States obtained thereunto. And for his pro∣mises he said, That seeing extraordinary conditions had extorted them from a Prince in close prison, and his consent to them violently wrung from him, they must consequently be infirme, for promises accessory to such like compulsions cannot be of better force and value. Which with the like and better replyes, when they came to the Emperours eares, he forthwith chal∣lenged the King by his Heraulds of breach of faith, and offered in single combate to fight with him in the quarrell, which the French king accepting, desired him to appoint day and place, giving him the lye as often as he would say, that he had falsified his pro∣mise. But as their severall stories disagree upon the particulars, so every one doth vindicate their owne Prince, from all aspersion and staine of breach.

Section 7.

A discourse of a combate where thirteene French Knights fought against so many Italians: wherein the French were overcome; some observations thereupon.

THE Italian and French Histories agree not upon the verity of that,* 1.38 not so much mono∣machy as polymachy of thirteene French Ca∣valliers against so many Italian. And because it is counted as a very memorable thing in their History, I shall the briefliest I may, touch it, to give the Reader content.

At Barletta in the kingdome of Naples where the French and Spanish forces lay debating by sword, the right that either King clamed to that Crowne; by their Generals for the time, Lantrek the French, and Consalvo Ferrandes,* 1.39 the Spaniard: it fell out so, that at Kubos a Village of no great importance, a French troope had got the foile by an Italian one, for the time, under the pay of the Spaniard; of which seve∣rall Companies, certaine souldiers by hazard ranne encountring together by their contumelious and re∣proachfull objecting of one anothers defects: the Ita∣lians to the French their vaine-glorious brags, and that in effect their courage was not so good. The French to them, their subdolous and crafty tricks by which they fight more fortunately than stoutly. They brought the matter to such a height, that thir∣teene of the one side were to fight on Horsebacke

against thirteene of the other, the field to bee Ca∣reer rayled about on the side, but not at the two pas∣sages, in the middle of both Armies; the quarrell was for the maintenance of the honour of their coun∣treys; and it was agreed upon, that the victors should not only have a certaine summe of Gold, but the ran∣some also of their captiv'd Prisoners.

As soone as they had covenanted,* 1.40 they met, they fight; the French are beaten, some killed, others ta∣ken.

Which notable overthrow albeit Guicchardine lib. 5. of his History of Italy attributeth absolute∣ly to the valour of his country-men above the French; and penneth it in all circumstances with the exhortatory Orations of their Generalls before the fight and the triumphs after: yet the French in their bookes, and with them Sabellicus also an Italian, lib. 2. Aenead. XI. imputeth it rather to the cousening subtilties of the Italians then otherwise, to their sole courage, because (say they) and Sabellicus with them, it was condescended upon, that if any horse-man that fallied should transgresse the precinct of the Career through error or un-skilfulnes, that he shold be held as dead, neither thereafter should be admitted to reenter the list to help his fellowes; by which meanes the Ita∣lians knowing the eagernes, heat, and impatiency of the French, did plant themselves within the centre of the camp, without budging, and attend the French charge from a little distance within the limit of the Ca∣reer; where wisely if they had remained as they were placed, and not precipitated the charge, they had ap∣parantly woon that field.

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The French then whose charge is ever furious, and then more than ever, let loose so fiercely upon them, that five of their side and but two Italians transgressed the bounds; who not being able to wheele and raine about their Horses againe, by that meanes lost the vi∣ctorie, in the sight of the panting and votary Ar∣mies.

Now albeit in this so conspicuous and ominous combat the French were beaten, neverthelesse we find commonly, that one for one the French surpasse the Spaniard, although in companies they surmount them; and in this same fight although the French had the worse, yet by all likelihood, if their Horses had not proved their losse, they should have borne away that dayes credit.

Alwayes as in this heat of an impatient nature,* 1.41 wee communicate with the French, and it may bee in our single combats too;

So our neighbours the worthy English may justly bee said to participate with the long patience, ma∣ture and ripe deliberatnes of the Italian and Spaniard: consequently more capable to maintaine and keepe well, than with the other to conquer and suddenly to subdue.

Sect. 8.

A memorable Polymachie betwixt two kindreds in the High. lands of Scotland (betwixt whom there had beene a long and mortall enmity) for the totall extirpation of the one of them; fought before King Robert the second, at Perth in Scotland.

I Were ingrateful to my country to passe here with silence,* 1.42 that true Polymachy, recorded of in our Histories, registred there to posterity, as a thing memorable, which befell in the dayes and under the Reigne of King Robert the second, if I rightly remem∣ber.

This brave Prince being often molested with the mutuall complaints of two powerfull Clans or Sur∣names in the High-lands where his Majesties judiciall power could but hardly and with many incumbran∣ces execute his authority upon the parties offenders on both sides.

After their mutuall supplications given in, that they might at one time both rid his Majesty of molestati∣on, themselves and their successors of the perpetuall feare wherein they dayly were, for their Wives, chil∣dren, goods, and Cattell; by one open fight, where all of either of these names should be on both sides.

The King giving way to their Petition, the day and place was appointed, it fell out so, that there were one fewer on the one side than on the

other; where the generosity of the party having the advantage of the supernumerary man, did appeare in so farre that they refused to fight with the advantage of one more, neither yet could any of them be indu∣ced to lye by to make them equall, all being desirous to bee equall sharers of the common fortune: which controversie a Saddler of the City of Perth where the Combat was fought perceiving; least the King, Court and Country which were met (to see so fa∣mous a spectacle) should be disappointed,* 1.43 did offer for pay to make up the odde man, and was observed by all to doe so well for his owne hand, that when all the rest were either killed in the field, or else with terrible and deadly wounds left so (it being one of the most bloudy butcheries of so many as is seldome read of) he alone or else with few moe escaped, and that by swimming the River of Tey. Howsoever France in the dayes of KING Henry the third and fourth, was so overspread with the bloud of Gentlemen killed in Duells, which amounted to such a number (notwith∣standing all the Kings edicts to the contrary) that al∣most they could have made up an army, and that Du∣ells came to such a height, that none was reputed a brave fellow except he had killed a man as they said: Yet finde I none so remarkable as that combat be∣twixt the Duke of Savoy his bastard brother and the Chevalier Creky, the time of the Wars betwixt King Henry the 4^th. and the said Duke, for the Marquissate of Saluces, of which before.

Section 9.

A Combat appointed by two French Barons, the one of Gasconie, the other of Poictou, which was taken up of their own accord in the field: The end of this Title.

NOw to end this discourse: Exemplum alios for∣tasse nepotes instruet.

In my time I remember at the Court of France an ancient Gascon Baron and Poictouvin 2 man of his owne coate, but younger, falling to con∣tradictory termes for a naughty matter, because in the Kings house they durst not put hand to their swords, did agree to meet elsewhere: time place and armes are designed; the Gascon that same morning be∣times calling on his page, commands him to provide a bottle of Wine and to have it in readinesse at the place appointed, before hee came: where he himselfe following and presently espying his adversary, both being demounted, and in their shirts, before they be∣gan to lye at their guard, in these or the like termes the Elder bespake the younger.

That I as the Elder doe take upon me to speake first, impute it not to any presumption I have of my worth, but to the priority of my yeares. Wee reade in the Roman History, that two of their Consulls who be∣fore had bin at mortall enmity and variance, going to∣gether with their Armies against the enemy,* 1.44 being a pretty way from the City, the elder should say to the younger, Camerad, seeing we goe together on a pub∣like

charge, in conjunct offices, let us lay downe all former grudges under this stone, now if thou please, at our returne, lift thou it up againe and reassume them: you may advise; but for the present I thinke this best, which was agreed unto to the great content∣ment of the younger.

So say I to thee, if it please thee for so petty and frivolous a quarrell, that wee expose our lives and estates to the hazard of a doubtfull fight and of a va∣riable fortune, I will not decline it: For as none doub∣teth of your courage; So I trust, that none dare call mine in question; so then if you list Cavalier, with the worthy Roman, let us bury in this Boule of wine our yesternights rash words: so we shal procure Gods bles∣sing upon our soules and bodies, and our Prince his fa∣vour by our good examples to his quarrelling cour∣tiers; and withall indissolubly tye our loves together for ever, without any disparagement of our credit or reputation; which being accepted by the younger, and related to the King, they were by him in presence of the whole Court condignely praysed, as most due∣ly they deserved.

Now albeit it be not of those or the like voluntary duels I treat of here, but of these which are tolerated by permission of the Prince or Magistrate for the es∣chewing of murther & greater bloud-shed in the com∣mon-wealth, upon apparent conject res of wrongs received, yet I thought it not altogether imperinent to insert this story. Now for the other. Although some have permitted them, as of old Fraton King of Denmarke, and are yet tolerated in Muscovia: yet we finde that Rhotaris King of Lombardy, absolutely dis∣charged

them: and although his successor for the inconvenience which thereafter ensued licensed them againe, yet hee protested that it was against his will and conscience: and as these good Kings inhibited them; so, many of the French Kings, as Philip le bel, Lewis the 9^th. Charles the 9^th. King Henries 3^d. and 4^th. and many moe of the best governed Common∣wealths have done the like. Which maketh mee ad∣mire why Bodin in his 7. Chapter of his 4. Booke of Republick, giveth way to their toleration; they being both repugnant to the Law of God, and contrary to the Civill and Canon Lawes, and the constitutions of best governed Kingdomes. Indeed, the said Bodin, admits them onely to be permissible, when legall proofes are wanting, provided, that they be only for matter of honor, not wealth; and consequently among persons honourable, for the preventing of further bloud-shed, averting of kinsfolkes murthers, and such like evils w^ch might ensue: to which if he had subjoy∣ned Charles the 5^th. his condition of fighting armed, I thinke his reasons might have beene more passable.

But however in elder times, duels were tolerated by certaine Kings, which by appearance, the necessi∣ty of those times required; as common Stewes were for eschewing of greater inconveniencies; yet they being practises so ill-grounded, so unnaturall, and so farre both against the Lawes of God, and Man; Suc∣ceeding Kings (in every Nation almost) have enacted most strict Lawes against them, with most exempla∣ry punishments, to be executed on the rash infringers of them: all which, being well knowne every where, were superfluous to be inserted in this small Treatise.

Notes

• * 1.1

  France most subject to Du∣els.
• * 1.2

  ••ombats au∣thorised.
• * 1.3

  Lotharius try∣all of his wifes Chastitie.
• * 1.4

  Champions in Duell to cleere Queenes Ho∣nours.
• * 1.5

  That Ladyes have fought combats.
• * 1.6

  Combats of Church-men▪
• * 1.7

  Combats of Iudges and Counsellors a•• Law.
• * 1.8

  Combats, whereof Kings have been spe∣ctators.
• * 1.9

  Combats re∣warded by Kings.
• * 1.10

  S. Almachius slaine for spea∣king against combats.
• * 1.11

  Six score men killed in com∣bats in one voyage of K. Lewis of Fran.
• * 1.12

  The quarrell, a Commander on the Kings side.
• * 1.13

  A princi∣pall man in the Dukes par∣ty, and brother to him.
• * 1.14

  The challenge
• * 1.15

  The combat.
• * 1.16

  Comparison of the French and Spaniard, Venetian and Florentine.
• * 1.17

  A duel betwixt two Spaniards granted by the authority, and fought in the presence of the Emperour Char••es the 5.
• * 1.18

  The occasion, and quarrell.
• * 1.19

  Occasion, mo∣ving the chal∣lenger to peti∣tion a publike combate.
• * 1.20

  Conditions granted by the Emperour whereupon they should fight.
• * 1.21

  Ceremonies observed in this combate.
• * 1.22

  The event of ••heir fight.
• * 1.23

  What way combats per∣missible if they should be at all suffered.
• * 1.24

  The Canon Law gaine-sa••∣eth their per∣mission, and Why?
• * 1.25

  Example where in a Du∣••ll the inno∣cent was killed
• * 1.26

  We should ra∣ther referre to God the pu∣nishment of a misdeed, which by no legall meanes can be cleared, rather then to a fight.
• * 1.27

  David his fight with Go∣liah should not serve for ex∣ample, and Why?
• * 1.28

  Cardinall Ca∣jetan his per∣mission where ••nd how?
• * 1.29

  Solution of certaine Ob∣••••ctions.
• * 1.30

  It is not a good consequence, seeing I refuse Duells, there∣fore Batteils too.
• * 1.31

  No more is it a good conse∣quence, if wars and Battels be lawfull, there∣fore Combats 〈◊〉〈◊〉
• * 1.32

  A Notable Combat of 3. Brethren Romans a∣gainst so many Albans.
• * 1.33

  Their fight.
• * 1.34

  Some Grecian, Roman, Hun∣nish, Danish Kings have combated with others for sa∣ving much bloud.
• * 1.35

  Challenge, but no meeting nor fight, be∣twixt the Prince of Ara∣gon, and Charles of An∣jou.
• * 1.36

  Challenge, be∣twixt Charles the 5. and the French King, Francis.
• * 1.37

  The occasion of the quarrell.
• * 1.38

  Combate of 13 French knights against so ma∣ny Italians.
• * 1.39

  The quarrell and challenge.
• * 1.40

  The conditi∣ons agreed up∣on.
• * 1.41

  Observation upon this com∣bat.
• * 1.42

  A memorable combat be∣twixt two pow∣erfull Clan: & parties of our own nation d••∣bated of Pearth.
• * 1.43

  The conditi∣ons accepted and agreed up∣on.
• * 1.44

  An Exemplary Combat be∣twixt two French Barons.