women and children standing by it under a sure guard, that should kill and burn them, if the Romans got into the town. This provision being made, all the inhabitants that could bear arms rushed forth desperately, and fell upon the Roman camp, where, striving beyond their power, they were every one slain. Then was the town forthwith set on fire, by those that had taken charge to do it, and many of the Romans consumed with the flame, whilst they rushed overhastily to catch the gold and silver which they saw lying on the pile ready to melt.

Asdrubal, being beaten into the island of Gades, found no cause of long stay there, but returned home to Carthage, with seven galleys, leaving Mago behind him, to wait upon occasion, if any should be offered. He visited in his way home Syphax, king of the Masæsyllii, a people of the Numidians, hoping to win him to the friendship of the Carthaginians. But he met with Scipio, as it were with his evil angel, in the king's port, who, landing at the same time, carried Syphax quite another way. For Scipio, having driven the Carthaginians out of Spain, did forthwith bethink himself how to finish the war, by putting them to the like distress in Afric. Hereunto it seemed that the help of Syphax would be much available, a king that had many times fallen out with the Carthaginians, and sustained much hurt by their procurement, of which in all likelihood he might easily be moved to seek revenge. He had also been beholding to P. and Cn. Scipio, that sent him over a captain into Afric, who instructed him so well in marshalling his forces, as he thereby often became victorious. Upon these reasons the Numidian king sent ambassadors to Rome, and made league with the city, in a time of great extremity. So that hereby P. Scipio conceived hope of laying a good foundation to the war, which he intended in Afric, upon the friendship of this ill neighbour to the Carthaginians. For which cause he sent over C. Lælius, his ambassador, to deal with Syphax, who declaring that the Carthaginians did very ill in Italy, and had nothing now at all to do in Spain, easily persuaded the king to take part with those that had the

better, and were without question his better friends. Only Syphax requested, that the Roman general should visit him in person, to conclude the league, by which he was to enter into conditions of more importance than in any former treaty. Hereto Scipio condescended, thinking the friendship of so great a king, that was neighbour to Carthage, and not far distant from Spain, well worthy of the adventure. So with two quinquereme galleys he took sea, and arrived in the king's port at the same time with Asdrubal. This would have been very dangerous to him, had he been descried by his enemies further at sea; but in the haven they forbare to make offer one upon the other. Syphax might well be proud, seeing at one time two such captains, of two most powerful cities, come to desire his friendship. He would have brought them to treat of peace; but the Roman excused himself, by want of such commission from the senate. He feasted them together, and shortly dismissed Scipio, with whom he readily entered into covenant, which, in time of performance, he as readily brake.

§. 2.

Funeral games held by Scipio. A duel between two Spanish princes. A digression, concerning duels.

SCIPIO returning into Spain, and resting that winter, took vengeance the next year upon those of Illiturgi, Castulo, and Astapa, as hath been said before. The conquest of the country being then in a manner at an end, he performed at New Carthage, with great solemnity, some vows that he had made, and honoured the memory of his father and uncle with funeral games, especially of those that fought at sharp, according to the manner of the times. Neither was it needful that he should trouble himself with preparing slaves for that spectacle, to hazard their lives, as was used in the city of Rome; for there were enough, that either offered themselves as voluntaries, or were sent from their princes, to give proof in single combat of the valour that was in their several countries. Some also there were, that being in contention, which they could not or would not otherwise end, agreed to refer the decision of their con

troversies to trial of the sword in single fight. Among these, the most eminent were Corbis and Orsua, cousingermans, that contended for the principality of a town called Ibes. Corbis was the elder, and the elder brother's son; wherefore he claimed the lordship, as eldest of the house; after the manner of our Irish tanistry. But the father of Orsua stood lately seized of the principality, which, though himself received by the death of his elder brother, yet this his son would not let it go back, but claimed to hold it as heir unto his father, and old enough to rule. Fain would Scipio have compounded the matter: but they answered peremptorily, That all their friends and kindred had already laboured in vain to take up that quarrel, and that neither God nor man, but only Mars, their god of battle, should be umpire between them. So they had their wills; and the elder, who was also the stronger, and more skilful at his weapon, easily vanquished the foolhardiness of the younger.

Such combats have been very ancient, and perhaps more ancient than any other kind of fight. We read of many performed before the war of Troy, by Theseus, Hercules, Pollux, and others; as also of two at the war of Troy, the one between Paris and Menelaus, the other between Hector and Ajax. Neither want there examples of them among the Hebrews; whereof that between David and Goliath, and others performed by some of David's worthies, against those that challenged them, are greatly celebrated. Unto the same kind appertains the fight between twelve of the tribe of Judah, and as many of the Benjamites. The Romans had many of them; whereof that was principal in which they ventured their dominion upon the heads of three brethren, the Horatii, against the three brethren Curiatii, that were Albans. The combat of Manlius Torquatus, and shortly after of Valerius Corvinus, with two champions of the Gauls, which challenged any Roman, were of less importance, as having only reference to bravery. In England there was a great combat fought between Edmund Ironside and Canutus the Dane, for no less than the kingdom. The use of

them was very frequent in the Saxon times, almost upon every occasion, great or small. In the reign of Edward the Third, who sustained the party of Mountfort against the earl of Blois, contending for the duchy of Bretagne, there was a fight, for honour of the nations, between thirty of the Bretanes and thirty English; two of which English were, Calverly, a brave captain, and that sir Robert Knolles, who afterwards became a renowned commander in the French wars, and did highly honour his blood, whereof the lord Knolles is descended. It were infinite to reckon the examples of the like found in English, French, and Italian histories. Most of them have been combats of bravery, and of gaieté de cœur, as the French term it; for honour of several nations, for love of mistresses, or whatsoever else gave occasion unto men desirous to set out themselves. But, besides those of this sort, there are two other natures of combats; which are, either upon accusation for life, or upon trial of title and inheritance, as in writ of right. And of this latter kind was that, of which we spake even now, between Corbis and Orsua. Unto these, methinks, may be added, as of different condition from the rest, the combat upon wager; such as were that between David and Goliath, or that between the Horatii and Curiatii; in which, without regard of title, the dominion of nations one over the other is adventured upon the head of champions. Upon an accusation for life, there was a combat appointed between the lord Henry of Bolingbroke, duke of Hereford, and Mowbray, duke of Norfolk. y There was a combat performed by sir John Ansley and one Cattrington, whom Ansley charged with treason, and proved it upon him by being victorious. z The like was fought between Robert of Mountfort and Henry of Essex. The like also between a Navarrois and one Welch of Grimsby, whom the Navarrois accused of treason; but, being beaten in fight, confessed that he had belied him, and was therefore drawn and hanged. Whether our trial by battle do determine that the false accuser, if he be vanquished, shall suffer the Anno 3 Ric. II. 2 Anno 9 Hen. II.

* Anno 21 Ric. II.

punishment which had been due to the offender, if the accusation had been proved, I cannot affirm. But we every where find, that if he which is accused of treason, or, according to the customs of Normandy, of murder, rape, or burning of places, (offences punished by death,) be overcome, he shall suffer the pains appointed for those crimes. In combats for trial of right, it is not so; neither is the appellant or defendant bound to fight in person, but he may try it by his champion, as did Paramor and Lowe, or offered to do, in the reign of queen Elizabeth: and in this case, he that is beaten, or yieldeth, loseth only his cause, not his life. Neither are the combats upon accusation, or trial of right, fought in open field, as are those of bravery; but in camp close, that is, within rails. Now this trial by combat was so ordinary in France, before the time of St. Lewis and Philip the Fair his grandchild, as every lord of fee, ecclesiastical or temporal, had power to grant it within his own jurisdiction. And it seemeth that the French kings, and other lords, made their profit hereby for in the a Memorials of the Chamber of Accompts is found an article to this effect: That if a combat were once accepted, and after, by consent of the lord, were taken up, each of the parties should pay two shillings and sixpence; but if it were performed, then should the party vanquished forfeit an hundred and twelve shillings. And upon this custom grew the French proverb, which they use when any man hath had an hard or unjust judgment, saying, that "he was "tried by the law of Loray, or Bern," où le battu paye l'amende, where he that is beaten gives the recompense. Of these frequent trials by battle, that great learned man Yvo, bishop of Chartres, did often complain, and specially against the French churchmen, as appears by his letters to the bishop of Orleans, to the archdeacon of Paris, to Rembert archbishop of Sens, and to others; wherein he rebukes the

b

:

a Si homines de Loraico vadia du- lerunt nobis, quod quidam miles doelli temere dederint, &c.

b Clerici vestri nuper ad nos revertentes, qui causæ comitis Theobaldi Aurelianis interfuerunt, retu

mini Rodulphi quendam militem comitis ad monomachiam provocaverit, et hanc provocationem ecclesiæ vestræ judicio confirmaverit, &c.