as is warre bataille lyke as it shal be said her after for ther is no faulte made in ony caas lasse repayrable than that whiche is executed by armes by euyl gouernyng of bataille what shal theÌ„ne doo the wise prynce to whome shal be of necessite for somÌ„e of the caas aforesayd tempryse warre or bataylle first to fore all thyng â—e must be holde take hede what puissauÌ„ce or power he hath or may haue as moche people as of synauÌ„ce money without the whiche the two pryncypal thynges to be wel garnysshid surely it is folye tentrepryse ony warre for aboue alle thynges they ben necessarie in especial moneye for who that hath money ynowh wylle enploye it he shal alleway fynde ayde helpe of men ynowh more than he wolde wytnesse of the warres of ytalic in especyal of florence of venyse other places yâ— whiche comynly fyght more with theyr money than they of the contree And therfore wythoute payne and vnnethe may they be vaynquysshed And it shold more auayâ—le and be moche better to a prynce yf he fele hym not wel garnysshed of tresour or of ryche subgettes full of good wyll to ayde hym to make somme trayttye with his enemyes yf he fele hym self assaylled Or for to deporte and forbere tempryse warre Rather than to begynne yf to mayntene it he hath not wherof For be he all certayn that yf he entrepryseth in hope to take more of his subgettis than they may bere ayenst theyr wyll it shal encreace the nombre of his enemyes so sholde it be to hym lytil prouffyt for to destroye the strange ferre enemyes for to gete pryuee nygh enemyes for it is to wite that the prince capitayn ought not despyse noo puyssauÌ„ce of enemyes though it seme to hym but lytil for he may not knowe what fortune the other shal haue for hym self as it is wreton how that ther was a shepherd named vriacus to whom fortune was so propice that she helde him in puissauÌ„ce with grete foyson of theues pillyardes whiche he had assembled for to make warre to rome whiche was so myghty by the space of xxiiij yere that he dyde moche grief to theym And ofte tymes vaynquyssed in bataille the romayns myght neuer destroye hym but fynysshed his lyf by one of his owen men whiche slewe hym and therfor to th ende that he be not deceyued he shal asseÌ„ble to counsâ—il the foure estates of his contree whiche ought to be called or he emprise so chargeable a thyng that is to wite thauÌ„cyen nobles experte in armes whiche knowe what the fayt of warre mounteth Item the clerkes legystes by cause that iÌ„ the lawes ben declared alle the caasis of whom ought to sourde iuste warre as many ensamples we haue to this purpoos Item the bourgeises by cause it is of necessite and by cause they parte in the myse and tresour whiche therto by houeth as said is and that they take hede to the fortificacoÌ„n of townes cytees and enduyce the mene people to ayde theyr lord Item somÌ„e of the men of Crafte for more to honoure the sayd peple And that they be the more enclined and the better willed to aide their lord with their goodes of whiche thing they ought alle to be swetely prayd O how is that a proffitable thyng in seygnourye Royame or Cyte to haue true subgettis of grete loue For they faylle not in bodyes ne in goodes lyke as it appiered many tymes in rome whan the tresours of the cyte despeÌ„ded in grete warres in so moche that they had no thynge TheÌ„ne the ladies them self of their propre mocoÌ„n brought theyr Iewellis ryche adournemens and with theyr good wylle brought delyuerd them for to socoure to the necessite of the toun cyte the whiche afterward were gretely restored agayn as good reason was And for to holde this waye wel gaaf ensample the good wyse kyng charles the fyfthe of that name fader of this that presently regneth the whiche anon after he had be crowned what dyde he as in the age of xxv yere as he behelde that the englissh men helde euyl the couenauÌ„tes made of the treatye of the peas whiche he hadde by necessite dyuerse fortune acoorded to theym how wel it was to hym right doÌ„mageable and that not withâ—stondyng that it was agreed to theym to holde grete parte of the duchye of guyenne many other londes seignouries in other places in the royaulme of frauÌ„ce but that suffysed them not but marched defowled greued by theyr pryde ouerwenyng the other contrees neyghbours whiche apperteyned nothyng to theym sente the sayd kynge by aduyse his ambassiadours auctorised to the duc of lancastre sone of kynge edward of englond to his people whiche had doon the said oultrage that therof he wold cesse make ameÌ„des of the grieues doÌ„maiges made syth the said peas of whiche thynge suche was theffecte how wel the ansuere was curtoys ynowh the said ambassiadours were slayn in that iourney or waye wherfore the good wyse kynge seen that by constraynt had accorded the dishonourable peas the whiche englyssh men euyl helde for many other reasons whiche shold be ouer longe a thynge to recounte asseÌ„bled at parys at his parliameÌ„t the forsaid foure estates and with them alle the wyse iurystes strangers as wel of boloyne the craas as of other places suche as he myght haue and to theym purposed his reasons ayenst thenglyssh men demaundyng theyr aduys yf he had cause to bygynne warre for without iuste cause the regarde deliberacoÌ„n emonge theym and the consente wylle of his good subgettes in no wyse he wold doo it at whiche counseyl by long deliberacoÌ„n was concluded that he had good iuste cause to begynne agayn the warre thus the good wise kynge entreprysed it in whiche thynge god hath be so moche fauourable to his good right loued be he with the grete prudence of hym that alle the londes loste he gath sith recoÌ„querd with the swerde like as yet it appiereth ¶ Here is deuysed how it is not expedyent that a kyng or souerain prynce goo in bataylle for the peryllis of aduersayre fortune ¶ Capttulo vjo· TheÌ„ne by the way aforsaid the wyse kynge or prynce shal determyne to werke in the fayte to entrepryse warres bataylles And for as moche as it is a thynge notayre that in suche a fayt to bygynne mayntene contynue foure pryncypall thynges That is to wite an heed or chief hardynesse Strengthe and constaunce without the whyche alle shold goo to confusion ye yf that onely one of them faylled now it is to see yf it be good that the kynge or souuerayn prynce in his propre persone goo to his warre And be in the bataylle For as the faytte ought to touche hym more than ony other By whiche his presence myght represente the forsayd four thynges And with this
out of vsage to wymen whiche comynly do not entremete but to spynne on the distaf ocupie theim in thynges of houshold I supplye humbly to the said right hie offyce and noble state of chyualrye that in contemplacion of theyr lady mynerue born of the contre of grece whome the auÌ„cyents for hir grete connyng reputeden a goddesse the whiche foÌ„de lyke as olde wrytyngis sayeÌ„ and as I haue other tymes sayd And also the poete boece recyteth in his boke of clere noble wiÌ„men and semblably recyten many other the arte manere to make harnoys of yron steel whiche wyl not haue netake it for none euyl yf I a woman charge my self to treate of so lyke a matere but wyl ensewe theÌ„seignemeÌ„t techyng of seneke whiche saith retche the not what they saye soo that the wordes be good And therfore to purpos in manere poetyke it plaiseth me tadresse suche a prayer to the foresayd lady O mynerue goddesse of armes of chyualrye whiche by vertue of hye enteÌ„demeÌ„t aboue alle other wymeÌ„ foÌ„dest institutest emoÌ„ge thother noble artes scieÌ„ces whiche of the toke their begynnyng thusage to forge of yroÌ„ steel armours harnois ê“pice couenable to couure targe the body of man agaynst the strokes of dartes noyous shotte speres in bataylle fayttes of armes helmes sheldes targes other harnoys defeÌ„sable fro the first comen institutest gauest manere ordre to areÌ„ge batailles tassaille fight in manere Adoured lady hie goddesse be thou not displeased that I symple lytyl womaÌ„ lyke as nothyng vnto the gretenes of thy renoÌ„mee in cuÌ„nyng dare presently compryse to speke of so magnyfike an offyce as is thoffice of armes Of whiche fyrst iÌ„ the said renomed contree of grece thou gauest thusage And in so moche it may plaise the to be to me fauorable that I may be somwhat consonauÌ„t in the nacyoÌ„ where thou was born whiche as theÌ„ne was named the grete grece the contree beyoÌ„de yâ— alpes or moÌ„taygnes whiche now is sayd puylle calabre in ytalye where thou were born I am as thou were a womaÌ„ ytalien ¶ Here sheweth how warres batailles emprised by Iuste quarelle moened in their right droit is thyng of Iustice suffred of god ¶ Capitulo ijo· Chaton the vayllauÌ„t coÌ„batauÌ„t or fyghtar by whos force and streÌ„gthe of armes the romayns had many fayr vyctoryes whiche neuer in bataill was dyscoÌ„fyted sayth that it ought more to haue proffyted to the comyn wele the wrytyng of rules techyngs and dyscyplyne of armes whiche he had coÌ„posed made in a boke than in ony thynge that he euer had dooÌ„ wyth his body for he saith alle that euer that a man may doo endureth not but one age But that whiche is wreton endureth to the comyn prouffit euermore by which Innumerable men may the more auaylle so is it thenne by this reason proued that it is not a thynge of lytyl prouffyt for to wryte make bookes But to th ende that this preseÌ„t whrke by somÌ„ enuyous myght be reproched sayeng that it is but ydlenes losse of tyme as to treate of thynges not lawfull first it is to wyte yf warres bataylles chyualrye faytes of armes of whiche thynge we hope to speke it is or not o thynge iuste for as in excersysing of armes ben doon many grete euyllis extorcyons grieues lyke as occisioÌ„s rauayne by forces to breÌ„ne by fyre infenyte harmes may seme to somÌ„e that warres bataylles shold be acursed thyng not due And therfore to ansuere to this questioÌ„ it is to wete that it appiereth manyfestly that warres eÌ„prysed by iuste cause be permysed suffred of god lyke as we haue founden in the holy scrypture in many places how our lord him self ordeyned to captaynes of hostes that whiche they shold doo ayenst theyr enemyes lyke as it is wreton of one that was called IhÌ„us to whom he saide that he shold ordeyne him to bataylle ayenst his enemyes made an enbusshe for the better to vaynquisshe theym And of other ynowe semblably is recyted And also the holy escripture saith of god that he is fiers gouernour of hoostis bataylles And warre bataill whiche is made by iuste quarell is none other thing but right execucoÌ„n of iustyce for to gyue the right there as it apperteyneth and to this accordeth the lawe deuyne seÌ„blably the lawes ordeyned of men for to represse the arrogaunts malefactours as touchyng the harmes euyllis that ben doon aboue the right droyt of warre lyke as other auctours sayen that cometh nothyng of the right of warre but by euylnes of the peple that vsen it euyl lyke as I hope by the aide of god to touche here after where as it shal falle where as I shal speke of thynges lymyted after the lawes and droit canon in the excersyte of armes ¶ Here it deuyseth how it is not leefful but to kynges souerayn prynces to empryse warre or bataylles of their siÌ„guler auctorite agaynst ony what someuer they be ¶ Cao· iij Now haue we in this first chapytre touched shortly how warres batailles by good right eÌ„prysed is a thyng iuste theÌ„ne is it to be take hede syth they be of right it apperteyneth to euery man to doo iuste rightful werke yf it be leeful to ony persone to empryse warre for to kepe his right theÌ„ne it shold seme by this reson that without to mesprise euery man may so doo it But for to declare the trouthe to theym that in this poynt myght erre it is to wyte that wythoute to make ony doubte after the determynacoÌ„n of right of the lawes it apperteyneth to none to eÌ„pryse warre or bataylle for ony maner cause but yf it be to prynces souerayn lyke as emperous kynges dukes other lordes terryens whiche ben merely pincypall heedes of Iuredictions temporall ne to a baron what someuer he be ne to ony other be he neuer so grete withoute lyceÌ„ce coÌ„gie volente of hys souerayn lord and that this lawe is of right manyfeste reason sheweth it ynowh for yf it shold be other wyse werof theÌ„ne shold serue prynces souerayne whiche for none other thyng were establysshed but for to doo right to euerych of their subgettis that shold be oppressid for ony extorcioÌ„ for to deffeÌ„de kepe them lyke as the good sheppard exposeth his lyf for his sheep therfor oweth the subgette to resorte to the lorde as to his refuge whan ony grief is doon to hym the good lord shal take his armes for hym yf it be nede that is to saye he shal helpe with his power to kepe his good right be it by waye of Iustyce or by execucyon of Armes ¶ Here is deuysed what ben the mouemens wherrof fyrst sourden warres and bataylles ¶ Capitulo iiijo· TheÌ„ne apperteyneth it onely vnto souerayn
that it is no doubte that his knyghtes men of armes all thoost shold haue the better herte to fyghte seeyng their lord in the place redy to lyue deye with them without faille for to aÌ„suere to this qÌ„stion not WihÌ„thstondyng all that ony may saye of the we le good that myght ensiewe and that many ensamples shold be fouÌ„den of kynges prynces to whome it is wel taken to be presente in their bataylles lyk as the kynge alexander in his conquestes also many kynges of frauÌ„ce as the kyng clodoneus charlemayne ynowe of other also charles whiche presently regneth beyng a childe in the age of xiiij yere newly crowned was in the batayl of rosebek ayenst the flemyngis where he had noble victorye it is not to be delibered ne lightly to be concluded that the kynge ne souerayn prince goo in his propre ê‘sone and better is it teschewe it â— than to goo thyder alleway reserued somÌ„ cas that is to wite ayenst his owne propre naturel subgettes in caas that they be rebell to hym the cause is for as moche as naturally the subget fereth to offeÌ„de the mageste of his souerayn lorde in especyal in his presence whom they may not denye â— what someuer paruerse wylle they haue that they shold lose hertes and meÌ„bres like as they were vaynquisshed they seeyng agaiÌ„st hym whome they ought to ayde and also to be with hym ayenst alle men and in especyal the confusion is grete ayenst them And the right is grete for the prynce â— whan he is to theym good not cruell ne tyraunt But not for what someuer necessite that he see he ought wel to take hede â— that he be sette so surely in the bataylle that the perill of euyl fortune may not falle vpon his persone But the reason general wherfore it is not good commynly that he goo to bataill is by cause that none may knowe to what partye god shal gyue the eure of the victorye wherfore yf the fortune cam ayenst the prynce beyng there in persone by whiche he take deth be take or flee that shold not be perdycyon and deshonour only to his sayd persone but to them of his blood generally to alle his subgettis londe contrees perdicoÌ„n infenyte inconuenyent lyke as ynowhÌ„ may be knowen by thexperience of caas semblable in this royame ellis where late happened And therfore it is not to be chosen that for the regarde of somÌ„e particuler vtilite is put in aduenture peril that of whiche may come infenyte harmes inconuenyeÌ„tes and therfore a prynce ought not be byleued that therin shold be ouer wylly courageoê° but he ought to be put fro it and the causes reasons to hym assigned with examples whiche oughte to refrayne hym Consideryng the right grete peryl not onely of his persone as said is but of alle hys subgettis royaulme And to this purpoos veryly may wel serue for example the wytte good gouernauÌ„ce of the forsaid wise kynge Charles the whiche he not mouyng fro his trone ryal in palays conquerd agayn alle the londes lost by his predecessours right cheualeroê° lyke as the trouthe is manyfested and that it be true to this purpoos that wytte diligence be more expedyent in faytte of warre than in the presence of the prynce semblably it appiereth by the first duc of mylane fader of this that now is the whiche not partyng fro his palays conquered by his wysedom as many londes seignouries in lombardie in the marches that to the seygnourye of a Cyte he attrybued gate so many other that he made it a right grete notable duchie ¶ Here is deuised what conestable ought to be chosen for to be maistre of the chyualrye of the kynge or prynce and the condycions that he ought to haue ¶ Capo· vijo· NOw we haue how the kynge or souerayn prynce for the we le and surete of the comyn wele ought not lightly delybere ne conclude in hym self to goo in to bataylle TheÌ„ ne is it to be aduysed to what personnes â— for to one onely suffyseth not to be coÌ„mysed the fayttes of so grete offyces as maystres conduytours of his chyualrye that for hym in his name excercyseth the fayt of his warres of whiche thynge without faylle by right to take hede is none other of more grete regarde than to make thelection of theym â— for of so moche as thexcercyte of their offyce passeth in poys perill alle other of so moche it apperteyneth byhoueth the more couenable persones by especyal ought by grete aduyse to haue regarde delyberacioÌ„ to chese hym to whome is comysed the princypal charge aboue alle other The whiche offyce the auncyeÌ„s called duc of bataylles or souerayn maistre of the chyualrye whome we calle now in frauÌ„ce Conestable And after in folowyng thusage of frauÌ„ce the two marchallis vnder yâ— whiche pryncypall offyces ben after sette diuerse and many captaynes of certayn nombre quantyte of men of armes In thelection in specyal of the souerayn maystre of the chyualrye of the prynce ought to be aduysed â— that he be a persone right notable especyally in all that whiche behoueth in thynges that requyre armes That is to wite that by longe experyeÌ„ce he be so vsed that it be to hym as a naturel craft or mestier and that the contynuel excersite hath rendrid hÌ„ym a maister of all that whiche byhoueth as he whiche by many tymes hÌ„ath be founden in diuerses aduentures happened in fayttes of warre by diuerse contrees nacoÌ„ns For vegece saith that lengthe of aage ne grete nombre of yeres yeue not onely arte manere of fyghtyng but thusage So that he be not to lerne the ordres maners whiche ought to be holden in treatyng of men of Warre and of Armes be it in tyme of reste or in trauayll of Warre And that he can mayntene lede conduyte And put in arraye so and in manere as it apperteyneth for the beste And it is to wyte that in the said electioÌ„ ought to be more regarde to the perfection of the sayd thynges with the other maners condicoÌ„ns whiche apperteyne to hym Than to the gretenes of his lignage hye blood of his persone and alle that he may asseÌ„ble to be shal be moche expedyent by cause that of somoche as he shal be more noble of blood so moche the more shal he be the more dradde holde in reuerence in hÌ„is sayd offyce the whiche thyng is necessary to euery captayn for to this purpoos recounteth valere that the auncyents whiche made the grete conquestes for to be the more doubted in theyr oostes faygned theym to be so grete so hye in lignage that they saide them self parents kynne to the goddes But neuertheles it suffyseth not this onely couenablete without the other ê“pretees therfore the regarde of the eliseurs or chesars ought more
to pourueye to the we le of thoffyce then to the persone For it shold be a thyng moche to be reprened to chese one of hye blood beyng ygnorauÌ„t to sette hym in thoffyce in whiche subtylte wysedom and long vsage hath ofte more grete nede than the quantite of peple or ony other strengthe For Cathon saith that of alle other thynges the faultes may be amended sauf suche that be doon in bataylles of the whyche the payne ensieweth anone the faulte For euyl perisshe they that canne not wel deffende and to fugityues vnneth or with grete payne cometh agayn the herte to fighte Ther fore also with the other forsaid thynges it is necessarie that he be wyse of good naturel witte as he to whome hath be coÌ„mysed the knowelege of many thynges and that is as chyef of Iustyce lieutenaunt of the prynce for to doo right to euerichÌ„ of causes that may happen in caas of armes feattes of cheualrye of alle them that be vnder hym and also of strauÌ„gers whiche ofte happen in dyuerce maners And it is to wete that after the ryght of gentilnes and hye noblesse of courage apperteyneth to a good captayne whiche vseth thexcersyte of armes in alle caases that may to hym happene of all that gentylnes requyreth yf he wyl gete honour that is to wyte that also to his enemyes he be ryghtful verytable in feat in Iugement where it shall falle And with this that he honoure the good the valyauÌ„t in lyke wyse as he wold be of them honoured And this manere helde the valyauÌ„t kyng pirrus of Macedone wherof he gate grete loos whiche by cause he had founde so many valyauÌ„ces in the romayns how wel they were his grete enemyes â—e honoured them right gretely whan an ambassade cam to hym And also theym whom he slewe in bataylle he dyde doo buâ—â—â— theym honorably And of the noblesse of this kyng of his grete frauÌ„chyse it is yet wreton that he had in so grete 〈◊〉 the prysonners whiche he had taken in his bataylâ—es 〈…〉 wold not kepe ne reteyne them as prysoÌ„ners but rendâ—â—d 〈◊〉 deliuerd them all quyte The maners and condicoÌ„ns 〈◊〉 belongen to a good conestable ben these that he be not 〈◊〉 hastyf hoot fell ne angry But amesured and atâ—empoâ—aâ— rightful in iustice benygne in conuersacoÌ„n of hye maynâ—â—â—â— of lytyl wordes Sadde in couÌ„tenauÌ„ce no grete dysâ—ur of truffes verytable in worde and promesse hardy sure 〈◊〉 dyligent not coueytoê° fiers to his enemyes pyetous to them that be vainquissed and to them that be vnder hym he be not lightly angry ne be not moeued for lytyl occasion ne byleue ouer hastely for lityl apprence Ne yeue fayth to wordes whiche haue ne colour of trouthe â— ne that he be not curyous of mygnotes Iolyetes ne of iewellis â— but be he habylled arrayed rychely in harnoys mouÌ„tures contiene hym fiersly Ne be he not slouthful sluggyssh ne slepy ne curyous in metes festes in lyf delycate in serchyng alleway thestate couuyne of his aduersaires be he subtyl pourueyed wyly to deffende hym fro theym wysely to assaille them wel aduysed vpon their espies watches that he knowe to gouuerne his owen peple holde in ordre drede to doo right where he ought to doo it And that he be not ouer curyous to playe in noo games to honoure the good and them that be worthy nyghe to hym wel to rewarde theym that deserue it And that he be large lyberal in caas that it be requysyte that his comyn speche be of armes of fayttes of chyualrye and of the valyauÌ„ces of good men And that he kepe hym wel from avauntyng be he louyng hys prynce trewe to hym fauorable to wedowes to orphans to the poure ne make grete compt of a lityl trespace doon to his persone And smale debate to pardone lightly to hym that repenteth and aboue all other thyng to loue god the chyrche to sustene helpe right Thyse sayd condycoÌ„ns bylongen to a good conestable And by consequent to the marchallis to alle theym of semblable offyces ¶ Here alledge to purpoos of excercyte of armes somÌ„e auctours whiche herof haue spoken the maners whiche helden the valiauÌ„t auÌ„cyens conquerours in armes ¶ Capio· viijo· AFter that we haue deuysed what offycers ought to be chosen or at leste theym that haue condycoÌ„ns next and moste lyke to theym a forsaid whiche shal be coÌ„mysed capytayns conduytours of the chyualrye of the prynce or kynge it bihoueth vs to saye in what werkes thynges theyr excersyte shal extende And by cause that dyuerce auctâ—urs lerne me to speke whiche haue wreton I shal produce in to wytnes theyr sayengis And pryncypally vegece whyche in the tyme of valentyne themperour notably made a propre boke of the dysciplyne arte whiche the right conquerours helden whiche brought to ende by wysedom and vertue of armes thynges whiche now in this present tyme shold sâ—me as Impossible And this thynge wel affermeth by hys worde the sayd kyng pyrrus whan he had assayed proued the valyauÌ„ce of the romayns Of whome a lytyl quaÌ„tyte wythstood ayenst his oost whyche was so grete that they couerde thenne montaynes valeyes TheÌ„ne the said kyng pirrus saide yf I had suche knyghtes I shold conquere alle the world And by this it is to suppose that grete wytte trauayll propre industrye achieuen soo hye empryses as to conquere the worlde lyke as dyde the romayns and other coÌ„querours of whome the maners and ordres that they helden many wyse men registred them the whiche thynges for eâ—ample to be conformed to theym yf they seme good ben for to be herde propyce expedyent For the said vegece saith who that wylle haue peas lete hym lerne to fyghte who loueth victorye owght to knowe the feat of armes the knyght that desireth good aduenture lete hym fyghte by arte or crafte that is to wyte by wysedom and not at all aduenture â— none dare grieue ne angre him the supposeth shal surmouÌ„â—e 〈◊〉 ouercome yf he be assaylled Soo is it by the grete conquestes that the auncyens dyde somme tyme that the peple be not now so valyaunt as they were woned to be And of this whome it is a longe or causeth the fornamed vegece rendrith the reason that sayth â— that the longe peas rendryth the men whiche herto fore by longe and contynuel trauayllis were woned to excersice the feat of armes sette nothyng by that occupacyon But now ben put in delyte reste and to couetyse of money whiche the noble auncyens preysed nothyng but honour of armes ne sette nought ther by And thus is chyualrye sette in neclygence as it were forgoten not raught of And he sayd the romayns in lyke wyse whiche had goten many londes conquerde lefte on a tyme thexcercyte of armes whiche by
prynces teÌ„treprise warres bataylles now is it for be taken hede for what causes after the lawe ought to be eÌ„prised or mayntened warres in this wel aduysed me semeth that comynly fyue pryncypal moeuyngis ther be vpon whiche they be founded of whome the thre ben of the lawe droyt the other of wyll The first of the lawe wherfor ought to be enprysed or mayntened warre is for to susteyne right iustice Te seconde for to withstoude the euyl that wold defowle grieue oppresse the londe the contree the people and the thirde for to recoure londes seignoryes or other thynges by other taken vsurped by iniuste cause whyche to the prince or to the iurisdicoÌ„n of the coÌ„tree or of the subgettes ought to apperteyne Item of the two of wylle that one is for cause of veÌ„geaÌ„ce for somÌ„e grief receyued of other that other for to conquere gete londes estrauÌ„ge seignouries But for more particulerly to declare first by especyal the first of the thre whiche is of iustice it ought to be knowen that ther ben thre pryncypal causes by the whiche it is leefful to a kynge or a prynce to entrepryse or susteyne armes warre or bataylles The first is for to bere susteyne the chirche his patrimony ayenst all men that wold defoule it as all crysten prynces ben holden The seconde for his vassale yf he be requyred in caas that he haue iuste quarell that the sayd prynce haue to fore dewly endeuoyrd hym to make accorde bytwene the parties in the whiche thyng thaduersarye be founde not treatable the thirde is that the prynce may iustly yf it please hym to ayde helpe euery prynce baron or other hys alye or frende or ony contre or londe yf he be requyred in caas that the quarell be iuste in this poynt be coÌ„prised wiÌ„men wydowes orphans alle them that may haue necessite of what parte that they be wronged of ony others power for this cause seÌ„blably for the other tweyne a fore said moeuyngs that is to wite that one to withstonde the euyl And that other for to recouure his propre thynges loste is not onely leefful to a prynce to moeue warre or to maintene it but it is to hym pure dette to make it by oblygacoÌ„n of tytle of seignourie iuredicoÌ„n yf he wyll vse it after rightful duete but as touchyng the other ij pointes that is to wyte that ne for vengeaÌ„ce of somÌ„e grief receyued by power myght of another that other for to gete strauÌ„ge londes wythout to haue ony tytle what someuer the conquerours alexandre the romayns other be moche preysed in the tytles of chyualrye semblably they that gretly be vengid on their enemyes be it wel or euyl what comynly therinÌ„ is doon I fynde not in lawe deuyne ne other scripture that for thyse two causes without other moeuyng is lawful to empryse vpon cristen men warre or bataylle but wel the contrarye for by the lawe of god it apperteyneth not to a man onely to take ne vsurpe nothyng of others nor in no wise to coueite it semblably ben reserued to god the vengeances nothyng apperteyne to man to doo them but for more playnly to declare vpon this part ansuere to the questions that may be moeued Trouthe it is that it is leeful to a prynce to kepe to hym self the same right that he shold doo to another for as moche as a iuste prynce shal doo felyng hym self wrongyd by an others myght power ought he theÌ„ne for to obeye to goddes lawe to deporte forbere without doyng more therto forsoâ—â— nay for that deffendeth iustyce but the faytte requyreth of 〈◊〉 trespaas pugnycoÌ„n for that werke iustely he shal holde this waye he shall asseÌ„ble grete counseyl of wysemen in his parliameÌ„t or in the counseil of his souerayn yf he be subgetâ—e â—e shal not onely asseÌ„ble them of his contree to th ende that oute be put all suspecoÌ„n of fauour but also of strange contrees that may be knowen not adherent to neyther partye as wel auncyeÌ„t nobles as iuristes other prsent them self shal purpose or doo be purposed all the trouth without ony fauour for god may not be deceyued all suche right suche wronge that he may haue in concludyng shal saye that of all he wyll reporte hym holde to the determynacoÌ„n of ryght shortly for to saie by this manere this thynge put in right wel seen discuted so by suche waye that it appere by true iugement that he hath iuste cause TheÌ„ne he shal doo somÌ„one his aduersarye for to haue of hym restytucoÌ„n ameÌ„des ofthyniures wronges by hym receyued TheÌ„ne yf it happene that the said aduersarye delyuer deffences wyll gaynsaye it that he be entierly herd without fauour to hym self in ony wise ne propre wyll ne haynoê° courage These thynges that whiche apperteyneth duely made in caas that the said aduersarie be fouÌ„de refusyng to come to right lawe the prynce may Iustely surely entrepryse warre the whiche ought not be called veÌ„geaunce but pure execucion of rightful Iustyce ¶ Here ben deuysed the consideracions regardes that the kynge or prynce ought to haue in the fayte to entrepryse warre and the maners that he ought to holde to fore he conclude the said warre ¶ Capitulo quinto Syth it is soo that it is leefful to a prynce tentrepryse warre bataylles and theym mayntene for the causes aboue said And how be it that these thynges be grete poysaunt as they that touche pryncypally the lyf the blood thonnour and chyuauÌ„ce of infenyte persones wythout whiche regard all byfore the werke ought not to be emprysed ne for light moeuynges ne yong willes but that it ought to be redoubted tempryse newe warres but for to modere hym self we haue ensamples ynowe O remeÌ„bre that the puissaunce of auffryke ne thorguilloê° cyte of cartage whiche was chief heed and the spaynards ne the right puissauÌ„t kyng anthyochus lord of a grete parte of the orient whiche brought so moche people to bataylle that it was infenite wyth theyr dredeful olyphauÌ„tes ne also the right myghty prynce kynge metridates whiche lorded vpon .xxiiij. contrees and also all the world but that the right lytil puissauÌ„ce of romayns myght wel subdue them therfore ought no prynce lightly to put hym self in peryll whiche is for to be determyned by the destribucoÌ„n of fortune of whyche noman may knowe to what syde it shal tourne TheÌ„ne it is necessarye that the prynce be wyse or at the lest wylle vse the couÌ„seyl of wyse men for plato saith that the royame or contre is blyssed wel happy where the wyse men gouuerne and the thopposite or contrayre it is acursyd vnhappy lyke as witnesseth the holy scripture And without faylle ther is nothyng so moche necessarie to be coÌ„ueyed by wisedom
grete oost ayeÌ„st hym ¶ So dyde he ryght wel garnysshe the townes and castelles where they sholde passe by And gaffe comaundement by hys ordynaunce that whan the enemyes were comme nyghe that hys garnysons shulde yssue out of the castelles and townes as thoughe they were a ferde and that they shulde come to hyme atte Cyracuse And thenne the Cartagyens that trowed to haue goten all the contrey toke seased all the sayd fortresses townes garnisshed them with theire owne peple and of so muche was they re oost made lesse And the oost of Denys encreaced whyche delyuered them bataylle soone after where they were ouercome and the other cartagiens that kepte the said townes and castelles were famysshed ¶ Of them of hyspayne of Alexandrie of Pirre of Lapcenes of hanybal and of other ¶ Capitulo iiij UPon a tyme the spaynardes shuld haue fought ayenst Amulcar the leder was of the oost of Cartage where muche folke were in a goode ordynaunce They be thoughte hem self of a wyle for to breke the bataylle of they re enemyes they toke many oxen that drewe the plonghe and enoyncted with oyle and brymestone a staffe that was putte vndre they re taylle and was all couered with towe of flaxe that wel embybed were with oyle and this oxen they dyde putte at the forefront of they re bataylle when they shulde assemble wyth they re enemyes And whan the fyre was sette in to the sayd towe they chassed and droof hem fourth ayenst the Cartagyens the whyche oxen as full of a Rage entred and brake al they re bataylles and so was the said Amulcar dyscomfyted ¶ Item Alexaundre prynce of Pirre had werre ayenst a folke that men callid Illyriens that bare habytes and gownes dyfferent from al other garmeÌ„tes The sayd alexaundre toke with hym a grete quantyte of hys men and clothed rayde them after the maniere of the Illyriens And thus arrayed comaunded them that when the Illyryens were so nyghe that they coude see hem they shulde take vpon hem self for to brenne they re owne cornes that grewe vpon the feldes and that they shulde make hem self as besy as they wolde dystroye waste all ¶ Of the whyche thynge the sayd comandement accomplysshed the enemyes that sawe thesame trowed that they had be of they re folke folowed them that so went fourth destroyng al thinges afore hem vnto the tyme that they came in to a narowe waie where as Alexaunder had putte a busshement there the illiryens for the moost partye were taken slayne ¶ Item in lyke wise dide Laptenes prince of Syracuse to them of the cyte of Cartage that vpon hym were come to bataylle For he made hys owne men to sette on a fyre certeyn of his owne townes castelles wherby the Cartagyens that wende that it had be of they re folke that thus wasted all wolde renne thider anoone but Laptenes had sette awayte for them by the waye where they muste passe and thus they were al slayne Item Hanybal the goode werryer duke of cartage of whome I haue spoke afore shuld ones goo vpon theim of Affrycke that were rebell and he knewe wel that folke was sore sette vpon this wine So made he thenne to take therof a grete quantyte meÌ„gled hit with certein herbe that is called mandglorye whiche maketh folke to be soone dronke and slepy And after al for the nonys made a lityl bataylle of hys peple to be redy to whom he comaunded that they shuld renne awaye as thoughe they were aferde when the enemyes shuld come nyghe hem And whan the other that trowed to haue wonnen all were come nyghe Hanybal with hys folke makynge as he durst not abyde hem lefte his lodgis al alone that was full of goodes and of this medled wyne and departed about nydnyght and on the morne whan the enemyes sawe there noo body they came to the lodgis with grete Ioye and dyspoilled hit about and as folke that dede was for honger ete glotonsly of the swete metes and dranke of the wynes evyl appareylled for theym For they all were made heuy a slepe and so dronke therby that they lay styl as ded men Thenne came ayen hanybal whan hym lyste and al them he dyde putte to the swerde ¶ Item thoos that fought ayenst a folke that men called Heryteos toke the swerde of they re enemyes and made hem to confesse telle there couuyne they re propos after toke they re raymeÌ„tes fro them reuested they re owne folke with thesame made hem to ceÌ„me vp vpon a highe hille that they might be seen of the ost And bicause the enemyes had comauÌ„ded to the sayde espyes that after that which they shulde fynde they shulde make hem a sygne and they that were vpon the montayne made a signe that they shulde come more nyghe they dide soo by cause they wende that hit had be theire espies in so muche that they entred in to the busshementê of they re enemyes where as they were al slayne ¶ Of Menoles kyng of the rodes of Scypion of Xertoryus of Hanibal of Lentulus of Acoriolo and of Fuluyus nobilius ¶ Capitulo v MEnoles kynge of the rodes was atte an oost ayenst his enemyes and had more of bettre men on horsbacke than his aduersaryes whiche kept the montaynes to th eÌ„de that menoles myght not lyghtly befyght them Soo aduysed Menoles a cawtele for to make them to come doune he toke a knyght of hys wyse hardy and hym charged that he shuld behaue hym self as one that was fled frome his oost that was euyl content with hym of his wages that he shulde goo to that other partye And he dyde as he was charged And with other euylles harmes that he shewed to hem of menoles he made them to byleue that throughe his euyl ordynaunce was a grete dyscencyon in his oost that for thesame cause many one departed from hym and to th ende that they shulde byleue bettre thees thinges Menoles dyde departe dyuerse of his folke so that they that were vpon the hilles might see hem goo awaie but he made them to be leyed in to dyuers busshementes here and there And by this manere of deceyte thoo that were vpon the montaynes cam doune whan they see the ost of Menoles so lessed that they thoughte to be able for theym but ryght soone they were enuyroned all about with the horsmen that killed and slewe theym euerychone Item whan scipion shulde ones goo ayenst the spaynardes with a grete armee the kynge syphax sent hym certeyn messangers that shewed hym grete threttnynges wordes of grete feere aswel of the hardnes of the lande as of the folke of thesame of they re quantyte strengthe of the whiche thinge not sore affrayed was the valyaunt man scypion but to th eÌ„de that thisâ— ambassadours shulde not sprede suche wordes a brode emonge his folke wherby they might be affrayed
for he sent them full soone agayne made wordes to be noysed about that the said kynge had sent hym worde as to his frende that he shulde soone go to hym Item xertorius foughte ones in a bataylle where one cam tolde hym that his constable was slayne but to th ende that his folke semblably shulde not knowe of hit wherby they shulde be a ferde he slewe with a spere that he helde the messanger Item in the tyme that hanybal descended in to ytalye for to goo vpon rome thre thousand carpenters that he ledde with hym fled from his ost vpon a nyght and whan he knewe it bicause his folke shulde not be putte in noo feere nor abassed therfore He made wordes to be cast throughe â—ut hys oost that they were soo goon by hys comaundement and for to gyue credence and feyth to thees wordes he sent yet dyuers other awaye that he knewe sholde doo lytel good and that were symply armed Item a tyme that Lentulus had assembled a grete oost for to be fyght hys enemyes and had taken in his companye a cohorte of macedonyens for to helpe hym a cohorte is vj C lxvj men But when he trowed to haue ben holpen of them they dide aduyse hem self soone and out of hys oost departed and went to that other partye And when Lentulus that dyuers many tournes of armes knewe saw this he was not abahysshed but coude wel take hem by they re owne barat and also to th eÌ„de that his oost shÌ„uld haue noo feere therfore he made to be noysed a bout that for the nonys he had sent hem bifore for to medle and assemble fyrst with the enemyes And for to gyffe a bettre byleue to this thynge he departed soone and folowed theym wherby it happed al in effette that wher fore he dide soo For the aduersaryes that sawe the macedonyens comynge wende that hit had be trewe and that they had come ayenst theym for to haue the first bataylle tourned toward them and bygan strongly to lanche vpon them and so of force they muste make deffence whether they wolde or not And Lentulus was atte that other parte that in the meane while enuaysshed hys enemyes and by thys manere of waye he had the said Macedonyens to his helpe whether they wolde or not in so muche that he had the vyctorie ¶ Of Acoriolo duke of Dace of Fuluyus nobilius of Pamynodas of Fabyus maximus of Scypion Affrycan the second of Xertoryus and yet of Pomodas duke of Athenes ¶ Capitulo vjo· THat tyme that the rommayns were in dyscencyon the one ayenst the other and duryng the cyuyle werre where dyuerse natyons had syn the tyme of they re prosperyte conceyued a grete enuye and dysdayne ayenst theym semed by especyall to them of dace that the tyme was come that they might wel renne vpon hem And where they had dyuerse tymes admonested byfore thys they re duke Acorâ—alo for to doo soo whiche wolde not be agreable therunto he atte he last by cause that they pressed hym so sore and for to gyue hem a knowlage by an example dide make dyuers dogges to be brought byfore hym in a place byfore the palays and were sette that one vpon that other in so muche that they bigan strongly to be fyght eche other But in the moost strengthe of they re bataille when it semed that they were moost angry and fyers that nothinge coude departe hem he made a wolffe of whiche he was purâ—eyed a fore to kepe emonges hem assoone as the dogges sawe hym they lâ—fte the bataille that they had togider emonge hem and they al of one acoorde runne a noone vpon the wolffe and by this example shewed the said duke to his men that what soeuere awerre that eny nacyon haue emonge eche other they shall not suffre therfore that a strauÌ„ger shall hurte hem but rather they wold make accorde togider for to â—eÌ„ne vpon hym ¶ Item Fuluyus nobilius hed capytayne of the ost of Romayns fonde hym self ones so nyghe taken by them of Samoys that nede and force was to hym for to abyde the bataylle of the whiche thinge by cause that he knewe wel that his folke were sore a ferde by cause that they re enemyes were of more quantyte than they were he dyde aduyse hym self for to take awaye they re feere by thys cawteâ—â—e He sayd vnto hys folke and made hit to be cryed and publyed thrughe al his oost that he had tourned vnto hym for money the hertes of a hole legyon of the Samytes And that they shuld Ioyne with hym whan the bataylle shulde begynne for to helpe hym ¶ And by cause they shuld byleue bettre thys thynge he borowed of theym al the golde and the syluere that they might make as though hit had be for to prepare the said folke A legion of men is in nombre vj thousand vj C lxvj So it happed that for hope of this the romayns toke so grete a boldnes in theire corages that they enuaysshed hardyly prondly ranne vpon they re enemyes whiche they fonde al ynoughe dyspurueyed by cause that they preysed hem so lytel setted nought by them for cause that they were so fewe folke to the syght of theym and so the romayns vaynquissled the Samytes and gate the felde vpon hem ¶ Item Pamynodas the worthy duke of Thebes shulde ones fyght ayenst theym of Lacedemonye So dide he see in hym self for a subtylyte wherby the strengthe hardynes of corage might growe in hys men He made hem al to come byfore hym and sayd thus al ahighe in audyence that he wolde aduise hem of that that to his knowlege was come for a trouthe It was that the Lacedemonyens had ordeyned affirmably that yf they had the vyctorye they shulde kylle and slee al the men and the women of Thebes and that they shulde dystroye the cyte and shulde take the chyldren in to thraldome perpetuelly For this denoncyacyon they of Thebes moeued with grete yre anger dide fight sore as men that sette nought by they re lyues and ouercame the Lacedemonyens that more folke were without comparyson ¶ Item Fabyus maximus shuld fyght ones ayenst hys ennemyes and was hys oost enforced ryght wel with pales and of stronge lodgys wherfore he doubted that hys folke shulde not fyght strongely ynoughe for cause of the places where they had they re wythdrawht and refut were so sure And therfore he made to be sette all a fyre or euere he began to fyght ¶ Item whan Scypion the seconde Affrycan conduytte hys seconde oost in Affryke hit happed hym to falle to the grounde whan he yssued out of hys shippe he soone behilde the contenaunce of his folke perceyued that they toke this fall for an euyll token that they were al redy as dysconforted therfore Thenne aduysed the ryght wise werryour in hym self of a wise worde for to saie wherby he myght gyue surtye to hÌ„is peple
of they re doubte he byganne to laughe sayd boldly O god be thou preysed here may ye see a good token For I am sesed al redy of the lande of Affrike hyt wyl be myne without faylle And thus by this worde he tourned the euyl hope of his folke in to a goode the whiche thinge happed after as he had sayd Item as xertorius shulde ones haue fought it appiered in his ost a merueyllouse signe For the sheldes of his men of armes and the brestis of they re horses becam al couered with blode the whiche thinge was to them occasion of a grete fere but the valyaunt duk assured theym full wel saymge to them with a gladde chere that it was a ryght gode token and that by the same they ought to vndrestande that they shulde haue the vyctorye For thees partyes ben thoo that are ought to be comynly blody with the blode of the enemyes Item pamynodas the wortly duk of Thebes shulde ones be fight the Lacedemonyens and where the cas happed that the bataylle was somwhat dylated hys chaere was brought vnto him for to sette a lytel vpon abydynge the owre of the bataylle but percase of aduenture hys chaere tourned vndre hym and fille donne besyde of the whiche thinge hys folke were muche abasshed and toke hit for an euyll betoknynge The said duke thenne whiche rose vp quyckly sayenge vnto theym with a hardy face in thys wise Now vp vp lyghtly my gode knyghtes the goddes doen forbede vs the soâ—ourne and taryenge For they haue admonested vs by thys token for to goo soone to the bataylle and oure shal be the vyctorye ¶ Here speketh of the Lacedomyens of Iulius Cesar of Papyrius cursor of Pompee ¶ Capitulo vij THat tyme whan the Lacedomyens had werre to they me of the cyte of Messynes they knewe ones by theire espyes for certeyne that the Messynyens were so sore sette in yre vpon them that they shulde brynge to the bataylle bothe they re wyues and they re chyldren for to haue therby a gretter corage for to obteyne or ellis dye togider For the whiche thinge the Lacedemonyens with drewe them self and differde the bataylle Item Cesar had ones so broughte hys enemyes by takyng of water awaye fro them that they dyeing for thruste were in dyspeyre of they re lyffe and as they that be forced with a grete rage yssued for to fyght with hym but he wolde not at that owre but wythdrewe fayre hys men awaye For hym semed not good that they shulde fyght atte that tyme whan dysperacyon and wrath rewled the corage of the aduersaryes ¶ Item as Papyrius Cursor shulde ones fyght ayenst the Samytes and that he knewe by hys espyes that the more nombre of folke were hys enemyes wherfore his men redoubted to deale wyth theym he toke soone a certeyn of his folke that he moost trusted with hym and secretly comaunded them to take a grete quantyte of bowes and of rede and that they shulde drawe hit after theym from a hye hille where bothe the ostes might see hem for to styre and moeue therwithall in to the ayer the pouldre duste of the feldes and that they shulde make the grettest noyse that they might with all as soone that this was doon soo and that Papyryus sawe them he bygan to make a scrye with a highe voyce so that hys folke eke hys enemyes herde hit and semblably made to be cryed dyuerse tymes that hit was his felawe of armes that he had lefte in to abusshement whyche had dyscomfyted a parte of hys enemues and that they shuld doo so muche that hys felawe hadd not al alone the glorye of the victorye And herof it happed as he thoughte for therby hys men were made hardy and bolde and lost all feere And the Samytes that for the grete dust that they sawe flee aboue the erthe wende that it had be a thinge of trouthe wherfore they torned they re bakkis and fledd awaye ¶ Item pompee was in a doubte that a certeyne cyte shulde be more fauorable to his enemyes than to hym self and that she gaffe them ayde and socoure by fore the stroke And therfore he requyred the enhabytantes that they wolde receyue withyn hem dyuers syke men that might not folow hÌ„is oost vnto hys retourne ayen for to ease and hee le hem self And that bothe golde and syluere and goodes ynoughe they shulde beâ—re with theym for to rewarde wel theym that shuld receyue hem And whan this thinge was graunted Pompee made to be putte in dyuers and many litteres of his best and moost hardy knyghtes bounde and bended as thoughe they had be sore wouÌ„ded and syke and in males and other fardellages he dyde they re harneys to be caryed wyth theym as hyt had be they re gownes and they re hauoyre For the whyche thynge whan thees knyghtes sawe they re tyme â—ay rest they ranne vpon the comons and so muche they dyde that they had the maystry of the cyte and so kepte hit ¶ Of Alexaunder the grete of Cesar Augustus of Crates of Athenes ¶ Capitulo viij WHan the grete alexandre had subdued and ouercome the thirde parte of Assie by cause he doubted les that they shuld tourne rebel after his departyng he brought awaye wyth hÌ„ym all the kynges princes of the lande as thoughe he wolde worshippe theym principalli suche that hym semed were moost wroth heuy that they were subdued vaynquysshed to the peple that he lefte there he constytued and stablysshed certeyne captaynes that he chose out of hem self And by al thus he gate the loue of the prynces by meane of the worshippe that he shewed vnto theym and eke also the loue of the comons by cause that he made them to be gouerned by suche of the comynaultee as they were hem self And thus yf they wolde be rebell they myght not wel syn that they had noo captayn For a peple that hath lerned to be rewled vndre a hed is nought worth by hym self And for to haue them more subgett he dide doo bylde dyuerse castelles nyghe by they re townes but for to pease them of this doyng he garnysshed thees fortresses with they re owne peple Item whan Cesar augustus had subdued al Germanye that the Alemayns had yolden hem self to hym he thenne for to bere a more lordshippe ouer theym he bylded many fortresses nyghe by they re townes but for to contente hem of this thinge he boughte the grownde of them where he sette the sayd fortresses For the whiche dede they helde hem self so wel content that they had hys lordship ryght aggreable Item Crates duke of Athenes was lodged in the feldes and he had but a fewe folke but he wayted after a grete secours thus he doubted les yâ— his enemies yâ— in agrete noÌ„bre were asseÌ„bled shuld come vpon hym by cause they knewe hym feble but bi cause he wolde purueye to thys
of many thynges pertynent to hys offyce yet I desyre to here more therof of the fayre loue to this I ansuere the that fayre and well thou haste sayde therof ¶ Yit mayst thou adde therunto other auctorytees that the lawes gyue hym wyth the charges that apparteyne to hym that is to wite to gyue licence to his men of armes for to go where it is nede aswell for they re owne besynesses in tyme couenable as for the fayt of yâ— werre with out whiche licence they owe not to vndretake noo thynge Soo it apperteyneth to hym to comytte them here and there to the proffyte of the werre after hys gode aduyse and the counseille that he hathe and to hym apperteyned to gyue good kepe that fro the countrey noo man of werre departe for to goo som els where without the lordis leue And ought to kepe the keyes of the castelles and of the townes there as be gooynge to the werre hathe lodged him self Item to hym belongeth to comytte and ordeyne them that shall kepe watche in the oost and to take dyligeÌ„tly kepe vpon al the his what mesure of corne and of wyne that the weyght all suche thynges be there Iuste and to punysshe them that falsly vse of the same Item to hym apparteyneth to here vndrestonde the debates questyons of them of the ost to Iuge therof dooyng ryght to euery one be it gentyl man marchaunt or other that to hym doeth complayne vpon ony of hys Suche and many other ben that long were for to saâ—e whiche behouen to a hed captaine But with this for to lerne the bettâ—â— I wil saie the cases after oure lawes wherby the men of werre may renne in to peine capitall the lawe saith that â—e that smyteth the captaine by euyl wille ought to lese yâ— hed like wise he ought to lese hys hed whiche is rebell gainsainge in ordynauÌ„ce of a bataylle It semblably he that fyrst renneth awaye fro the bataille yf the other abide stylle there It he that is sent as for aÌ„baxatoure to the aduersaries or for to aspye them yf he openeth or by eny waye declareth the secretes of his partye It he that excuseth him self by a made vntrewe escusacyon by cause he wol not be atte the bataille with hys lorde Item he that deffendeth not to hys power his captayne yf he see other that assaille hym It who that departeth fro the ost without leue for to make other armees renneth also after the lawe in to peyne capitall what someuere other gode or fayre acte that he make other where It that letteth that peas be not made It that procureth that in the oste be dyscencyon and mortall ryote made Item that steleth or robbeth the prouysyons of the oste ¶ Whether the vasselle is holden after right for to goo in hys lordys werre atte hys owne costes ¶ Capitulo v By cause that it is of costume that euery kynge or prynce or lorde doo sommone or calle his vassell for to be hys aide in faitte of werre I aske if the saide vassell is holden for to goo after the lawes to the callynge of his lorde and yf it be thus that he is bounde for to do so whether it ought to be atte hys owne expenses and costes or atte the costes of the prince or lorde dere loue for to ansuere the bettre to thy demaunde it behoueth to aduise see what thynge conteyneth the othe of fydelyte that he maketh that entreth in feyth of som lande or possessyon moeuable in fee from som lordis lorshyp so ben there thenne six pryncypall couenauÌ„ces after the decret lawe cyuyll The first is that by hys othe he shal neuere pourchasse that day that he lyueth the doÌ„mage of his lorde Nor in noo place he shal be to his knowlege where it is machyned nor purchassed The ij is that he shall neuere dyscouere nor telle his secret of that thynge that to hym might be preiudiciable the iij that he shal be for hym in al manere of cas iuste good and reasonable ayenst all men exposynge bothe his body and hys powere atte hys nede in fayttes of werre well and truely atte al tymes that he shal be requyred The fourth that he shall neuere be consentyng to the domage of hys goodes possessyons nor herytages nor ayenst his we le ¶ The fyfth that yf it happe that his lorde haue to doo of hym of eny thynge that he goodly can doo he shal not excuse hym sayenge that ouere stronge and to dyficyle it is to hym for to doo The vj that he shall not seke noo waye for to excuse hym self for to lette that he shal not goo to hys lorde atte hys commaundement and callynge Suche ben or ought to be after the decretall and cyuyll ryght the promesses by feythe and other made of the vassall to hys lorde By the whiche promysses hyt appyereth ynoughe that the vassalles be holden for to be with theire lorde and for him in hys werres and to serue hym wel and truly with all theire puyssaunce vndre thoblygacyon of lesynge of all they re laÌ„des that they holde of hym as forfayt to the souerayne And as god sayth in the gospell who that is not with me is ayenst me so ought to be reputed to be ayenst they re lorde thoo that faille hym in thys behalffe And therfore they ought to be dyspoynted of the landes that they soo holde but neuerthelesse noo lawe byndeth them not that they atte they re owne costes shulde serue but to the lordes owne propre wages without it were that the lande were bounde so to doo of auncyente As it is of certeyne townes that at they re owne costes and expenses be holden to serue they re prynce durynge certeyn space of tyme of som quantyte of folke in hys werres And good is there the reason why they ought not soo For why nor for what occasyon shulde the lorde take the lences of hys landes vpon the men and many other charges but it were for to maynten hys estate and putte in tresoure for to susteyne with all hys werres yf nede be to hym but not therfore without faylle yf it were so that the lorde had nomore wher with to maynten them and that his demayne suffysed not and had necessyte specyally for to kepe and deffende hys lande hys subgettes of ryght are holden to sette a subsydye vpon them self or ellis to gadre them self togyder tyl a certeyn nombre all appareylled in armes for to helpe hym atte they re owne expenses And in cas that they were not wyllynge so to doo they may be of ryght constraygned therfore specyally yf the enemyes were come vpon his lande to renne vpon hym For after the lawe deffensable werre ys preuyleged moche more than is the werre offensable But trouthe it is that yf a prynce or lorde had nede to take suche ayde he ought to kepe wel that it be not to the vndoynge of
hys peple nor he ought not to employe hyt to noon other vse lest hit shulde be to hys grete charge and the couÌ„seiller that other wise shulde conseylle hym hyt were to hys dampnacyon Nor noo gode kyng or prynce ought not to take hede nor herken after the feyned wordes of suche a counseyller but ought to hate hym as enemye bothe to his sowle and to hys body For he shulde counseylle hym hys dampnacyon and sholde putte hym in the waye to lese the loue and gode wylle of hys subgettes ¶ Whether the feed men or vassalles ben more holden to helpe theire soueraine lorde than namely theyr naturell lorde And yf a gentyl man holdeth two feodable tenementes of two lordes whiche make werre one ayenst that other whyche of bothe shall the gentyl man helpe ¶ Capitulo vj SWete maister soylle me thys question I say syth that it is so that a vassall is holden for to helpe hys lorde of whome he holdeth hys laÌ„de ayenst euery man It semeth theÌ„ne that yf a kynge or prynce had werre aienst som of hys barons that the subgettes of the baron of whom they holde shulde be bounde to helpe they re lorde ayenst the kynge or prynce For to the kynge they haue not promysed noo fealtee but onely to they re lorde of whome moeueth they re lyf lode whithout excepcyon Dere loue to this questyon I shall shortly ansuere without faylle how well that by reasons ynouhe thou mayste argue with sayenge that aswell may the lytel man helpe hym selfe of hys after the lawe as dâ—eth the grete and thus thenne why shal not the baron helpe hym self with hys men that fealtee haue promysed hym and not to the kynge cÌ„ And many other thynges that thou mightest adledge to thys purpos neuerthelesse I telle the that all reasons to the contrary after oure lawes ben admilled and of noo value For in good feyth noo subgett is not holden to helpe hym of whome he holdeth hys lande ayenst hys souerayne lorde but mysdoeth and putteth hym self yf he so doo vndre peyne capytall as he that offendeth the ryall mageste For what thowhe the baron be lorde naturall to the subgett Neuertheles the kynge or prynce vndre whomÌ„ they be ys souerayne And yf thou saye to me thenne doo they forsuere hemself I ansuere the Nay For noon othe can not bynde noone to do euyll whiche they shulde doo for to holde in wykkednes with they re lorde that wolde be ayenst they re souerayne lorde Dere maister a more harde questyon and that all ynoughe dependeth here of I will to the make I suppose that two barons of the reame of Fraunce or of som other countrey haue werre one ayenst the other for the whiche cause they sende and calle they re men and soone hyt happeth that the kynge for hys werres and deffence of hys lande hath nede of men and he maketh hys maundement in whyche are comprysed the subgettes of the sayd two barons soo aske I now of the yf they be bounde for to come to the kyng atte hys maundement and callynge or ellis to goo to they re lorde To this question conformynge the precedente I ansuere the that after ryght and lawe they are holden to come to the kynge and leue they re lorde And thre reasons assygneth therunto the fyrst is that the kynges werre or of the prynce souerayne beholdeth the comon wele and vtylyte of all the realme or lande the whiche werre ought to be more previleged than the synguler vtylyte of a baronye The seconde is that they are holden to the kynge of a generall iurisdictyon whiche is of mooste auctoryte and hathe a hghe powere ouere the lowe Iurysdycyon of a baronye Te thyrde reason is that hyt apperteyneth not that the lowe offycer haue auctoryte nor puyssaunce to be obeyed byfore the lorde and leseth hys powere assoone as the auctoryte of the souerayne prynce cometh forthe as the lyght of a candelle is lytell and is lost assoone as that the bemes of the some cometh on Yet another questyon I putte vnto the I suppose that an Erle or a baron of the realme of Fraunde holdeth certeyne landes of the kynge of Arragon or of som other kynge and that it happeth so that all vpon one tyme the sayd two kynges of Fraunce and Arragon sende for the sayde Erle or baron for to help them in they re werres to whyche of thees two kynges shall he thenne obeye For Imposyble it is to be in two places attones and it shulde seme that he myght be excused fro goynge to nother of bothe I ansuere the shortly that he can not excuse hym self nother of the one nor for the other wythout he wol lese the ryght of fealtee That is to wite that he muste goo to that one of whiche he holdeth mooste and to that other he shall sende a certeyne of hys men A more harde questyon I the demaunde yf it happe that the sayd two kynges a boue sayd make werre one ayenst the other I can not fele nor vndrestande to whiche of bothe he ought to goo but that he shall lese one of hys Landes I saye to the that the precedente ansuere may yet serue to this questyon after som opynyons that is to wite to goo to the one and sende to the other but thys thynge cowde not be wel supported in ryght For yf he shulde doo soo thenne must hys owne men be ayenst hym And therfore no bettre remedye nor waye I can herto but to chese the one that hym shall best please and to leue and for sake that other of all poyntes or ellis to haue grace of eyther of them that he shall not arme hym self nor noon of hys for to gyue ayde to nother of bothe And knowest thou what to suche a vassall apperteyneth On my feyth to endeuoyre hym self of all hys puyssaunce that peas may be founde betwene hem bothe ¶ Whether all souldyours may goo after the lawe to al manere of werre and deuyseth the parell wherynne the man of werre putteth hym self for to goo to the werre other wyâ—se than the ryght of werre requyreth ¶ Capitulo vij MAyster as by the I vndrestande me semeth that the subgettes be bounde for to goo to the werre wyth they re lorde yf they be called and sommed for to doo soo not at they re expenses but takynge wages of they re lorde cÌ„ Soo soyle me thenne yf yt please the another questyon I aske the thoughe hyt be so that the coustume is ynoughe generall emonges men of werre that who wyl take wages of all lordes townes or countrees for to serue in al manere of werres they all beynge of one contrey borne or of what straunge landes that they be of Yf thys men of werre that be not alle of one Contrey nor subgett may licytely doo soo ¶ For it shulde seme nay seynge that fayttes of werre muste be excecuted by occysion and other dyuers euylles whyche thynges be
be by force taken from hym to whyche of bothe may by ryght aske the sayde knyght hys losse or of hym that sendeth hym or of hym that hathe robbed hym I ansuere the that he may aske it of eyther of bothe that is to wyte of hym that hath sent hym by actyon of maundement and of the other by actyon of vyolence doon in dede And yf by the first is restytucyon made vnto hym than is he holden to leue in hys handes thactyon and the ryght of the demaunde that he myght haue made to that other by strengthe and vertue of whiche the lorde that so hathe made restytucyon to thys knyghte may recouere hyt vpon that other ¶ Now telle me morouere a baron hath certeyne werre vnto whome a knyght of his curteysie cometh to hys ayde in his felishyp whout that he be requyred therof â— I demaunde of the yf the same knyght after hys seruyce doon may aske yf it please hym eny wages ¶ For it shulde seme nay ¶ For why he was not called therto and it semed that his entent was to serue hym for a curtoysye I ansuere the to thys but yf that he be of hys kynne or lynage or that he be gretly holden to hym or that he were thyther com by waye of charyte and loue he may curtoysly make askynge without faylle som what for to susteyne hys astate and lyuynge yf it so pleaseth hym for to doo For the lawe sayth that noon ys holden to arme hym self for another atte hys owne costes So ought to suffyse the lorde that he hath had the socours of that other And in asmoche that more freely he ys com the more beholden is the borde vnto hym And ought to satysfye hym other by wages or by other gyftes or benefayttes ¶ Mayster I suppose that the kynge of Arragon shulde sende to morowe a grete oost of hys folke to socoure the kynge of Fraunce in hys werre for a certeyne space of tyme of hys owne pure curtoysye wythout that he had be requyred by noo manere of wyse but shulde doo thys onely for to yelde ayen a suche and semblable curtoysye as he dyde receyue som tyme I aske of the whether this folke after they re seruyce doon may aske wages For it shulde seme nay syth that they haue ben sent as a thyng that was due For how myght they aske payement of that wherfore they be come for to make satsfactyon there as they be bounden I ansuere the my loue that yf the kynge of Fraunce hathe serued som tyme the kynge of Arragon or other in his werre of acerteyn nombre of men of werre payed for space of tyme as it is ynoughe of custome emonge prynces beynge gode frendes to do so that one to that other Semblably is bounde by ryght of gentilnes the kinge of Arragon to doo for the kyng of Fraunce at hys nede ¶ Not soo that by Ryght the kynge of Fraunce myght aske hyt of hym but yf other condycyon of covenaunt were there ¶ For he that frely gyueth may not constrayne to be rewarded But in what somâ—uere manere that the comynge be the kynge of Fraunce is holden by ryght to rewarde hem wyth yeftes Yet I demaunde of the I suppose that a lady the whyche is a wydowe holdynge a lordshyppe be oppressed by werre wrongfully of a grete lorde or knyght to the whyche wydowes helpe goeth a gentyl man moeued with pyte and for to kepe the ladyes ryght and to encreace hys renommee in worthynes of knyghthode and to saye all he doeth there so grete fayttes of armes that thrughe hys prowesse briÌ„geth the sayd lady atte a good ende of hir werre and doeth a playne restytucyon to be made vnto her myght thenne thys knyght after â—â—hees thynges by hym thus doon aske eny salary or wages for hys benefayttes as he that wel hath deserued hyt I ansuere to the that Nay For without her mandement or callâ—ng he myght not constrayne her to gyue hym wages yf thou wyl saye to me that gretly he hath doon the proffyt of the lady I ansuere the that more grete honour he hathe made hys owne in asmuche that he is enhaunced therby in renommee of honoure and worship So is he payed al redy of the salary and rewarde that he sought But wel it is trouthe that yf the lady be of power and that she haue wherof she ought to deale so with hym that she gyue hym exsample and namely to al other in suche a wise that yf she had to doo anoâ—her tyme she myght be gladly socoured yet ageyne ¶ Yf a kynge hathe werre wyth another and is wyllyng to renne hym vpon Whether the lordes by whos landes he and hys oste muste passe may chalenge hym the passage or not ¶ Capytulo xij OF the thynges of armes I wol make vnto the other manere of questyons I suppose that the kynge of FrauÌ„ce for cause of som chalenge or quarell wyl make werre ayenst the kynge of hongry wherfore he doeth calle hys oste togider for to go vpon hym for the whiche cause the kinge of Fraunce writeth to the duke of austeryche that thrughe his land he may passe awaye and he assureth hym that neyther euyll hurt nor noo damage shall not receyue his countrey nother by hym nor bÌ„y hys men but rathere good proffyte in asmoche that for hys money he shall take vytaylles there The duke of austryche that maketh doubte of thys promesse ansuereth to the kinge that therof he wyl be made sure by gode hostages that restytucyon shall be to hym made yf eny greeff or damage is doon vnto hym atte this cause Soo demauÌ„de I now of the what of ryght is to be doon in thys byhalffe For the duke sayth that he is prynce withyn hÌ„ys lande so shall noo man passe there thurgh that bereth armes without hit please hym And of that other parte we putte cas that he consenteth the same yet it sholde be harde that suche an oste shulde passe nor myght passe wythout gret oultrages shulde be doon and therfore he wil haue of restytucyon a good surete Loue I ansuere the that by the ryght wryton he that for hys good ryght and iuste quarelle goeth to werre may and ought to haue hys waye and passages and comyn wayes by all realmes and landes soo that noo greeff nor hurt be there made by hym nor his men And thus thenne syth that ryght gyueth it hym he nedeth not to gyue noon hostages for that whiche of ryght ought to be do and this is wytenessed by the decretall where as it recyteth thystorye how that whan the people of Israell went ayenst theyr enemyes they must nedes passe thurgh the couÌ„trey of the Amorres the whiche folke wolde gaynsaye the passage but whan they sawe that they coude not cheuyshe with them by loue they wanne by force the passage as god ordeyned for them Soo saye I that semblably it shulde be ryght and reason thus for to doo in euery cas
well it is true that the valyaunt and gentylmen of armes ought to kepe hem self as moche as they can that they dystroye not the goode symple folke nor to suffre that they re folke shal Inhumaynly hurt them For they ben crysten and not sarrasyns And yf I haue sayde that myserycorde is due vnto the one Knowe thou that not lesse it is due to the other Soo ought they to hurt them that ledeth the werre and spare the symple and peasyble of all they re puyssaunce ¶ Whether a english scoler or of som other enemyes lande were founde studyeng atte the scoles in parys myght be taken prysoner or not ¶ Capitulo xix But syth that we ben entred in matere of prysoners of werre I wyl that thou Iuge they self after thyn aduyse of suche a debat whyche by an exsample I shal propose vnto the Now knowest thou al ynoughe how the kynge of Fraunce and the kynge of England haue comonly werre one ayenst an other I putte the caas that a scoler licencyat atte Cambryge in Englande is com to the vnyuersyte of parys for to be there graduate or enhaunced in the degree of doctour of dyuynyte or in other facultee wher it happeth that a man of armes of Fraunce knoweth by other that thys scoler is an englisheman borne and taketh hym as his prysoner to the whyche pryse the sayde scoler sayth ayenst therto opposeth hym self so ferforth is the thynge brought that byfore the Iustyce cometh the questyon to the whyche debat the Englysheman that in ryght fownded hys reason sayth that he hathe a caas expert of the lawe that doeth for hym self for cause of the grete preuyleges that the scolers haue there and hyt deffendeth that noo gryef nor dyspleasyre be doon to them but honoure and reuerens And here is the reason he saythe that the lawe assygneth Who shulde be he sayth the lawe that shulde not haue scolers for recomaunded whiche for to knowe and acquyre coÌ„nyng haue lefte and layde asyde ryhesses delicates al eases of body they re carnall frendes and they re countrey and haue taken the astate of pourete and as banyshed from al other goodes haue forsaken the worlde and al other pleasirs for loue of scyence So shulde he be wel full of all vnkyndnes that shulde doo eny euyll to them To thees reasons the man 〈◊〉 armes replycqueth thus sayng Brother I telle the that emonge vs we frenshmen make noo force of the emperoures lawes to whom we be not subgect so owe not we to obeye them The scoler ansuereth Lawes ben noon other thynges but veray reasons that were ordeyned after wysedome and yf therof ye do make noo force it is not sayde therfore that the kynge lordes of FrauÌ„ce shal not vse of reason of thynges that ben reasonable and of that that they hâ—m self haue ordeyned For Charlemayne remeued the generall scole of rome by the popis wylle to parys they gaffe grete notable preuyleges to the same scole And therfore sent the kynge to fetche maisters out of all partyes and scolers of all manere of langâ—ges and all them he comprysed in the sayde preuylege And wherfore thenne shal not they mowe come from all partyes whan they haue licence of the kynge where as al thynges at they re fyrst comynge doo swere that they shall kepe the saide preuyleges In the name of god sayde the man of armes supposed that that ye saie ye ought to wite that sethen that a generall werre was cryed proclamed betwyx oure kynge and yours noon englyshemen ought to come within the roialme of FrauÌ„ce for suche a cause nor for noon other what someuere it be without a gode saufconduyte the reason is goode For why ye myght vndre coloure of the scole write doo vndrestande in youre contrey how it is here and the astate of thys lande and other dyuers secret euylles ye myght doo here yf ye wolde wherfore it is not reason that noo manere of preuylege shulde tourne in to preiudyce of the kynge nor of hys royalme Thees reasons harde saye thou my loue now what thou therupon thinkest wythout fayll mayster syth that it pleaseth the that my lytel and sobre aduyse shall serue in thys bihalfe I telle the that yf it be so and wythout frawde that he of whom thou spekest be a true scoler that is to saye that he were not come vndre fyction to lerne conninge for to aspye or to doo som other euyll I holde hys cause for goode and that he ought not to be take prysonner prouyded al wayes but yf the kynge had made to be cryed by hys maundement especyall that noon englishman what someuere he were shulde not come to studye in hys royalme Thou hast ryghtwelt Iuged and wysely dystynged For namely yf the bysshopryche of parys were wythout a bysshop of ellis tharchebysshopryche of roen or of sens or of other of the sayd royalme and that an englysheman were therunto elected chosen the kynge by rayson may gaynsaye to the same For why the rayson is suche that it is not expedient nor behoful to the kynge nor to the royalme for to haue there hys ennemyes resydent But yet ansuere me to thys supposed that the scoler ought not to be taken there prysoner what shal thou saye to me of hys seruauntes yf he brynge one or two or more wyth hym out of englande For the preuylege that scolers haue in parys was not gyuen for they re seruauntes In gode feith maister vndre thy correction not wistandyng this reason me semeth that vndre the preuylege of the maister whiche is a true scoler as it is sayde ought to be coÌ„prised hys seruauntes ryght soo as in the sauegarde that the kinge gyueth to hys offyciers be comprysed they re seruauÌ„tes and all they re famylle or meyne But of the mayster I wol aske one thynge I putte cas that the sayde scoler were taken wyth a syknes myght of ryght hys fader come to vysyte see hym without parell To thys I ansuere the that after ryght wryton but yf he cam there for falshed as it is sayde he myght aad ought to come sauffe there For why the reason is suche that more grete is the ryght of nature than is the ryght of werre Soo is the loue of the fader and of the moder to they re sone so muche preuyleged that noo ryght of armes may not surmounte the same And yet more harde I telle the that yf the fader went for to see and vysite his childe beynge in gode helthe studyeng atte the scoles wythin parys or where so euere it were for to bere hym other vitaylles or syluere he ought not to be arrested nor taken for the same of what so euer countrey frende or foo that he were of And thys sentence is determyned in the lawe lyke as I saye and semblably ought not to be apeched nor letted the brother the kynnesman nor the seruauÌ„t that syluer or
that a grete lorde or baron of england desyreth hym that he may be one of the ix his felawes by cause that he wolde fayne goo see FrauÌ„ce to sporte hym there the whiche thinge the knight graunteth to him thus he goeth forth wyth hym whâ—rof it happed whan they be lodged nyghe paris that the sayde lorde or baron is knowen there of a knyght of the kynges of Fraunce whiche well acompanyed cometh scone towardys hym there as he is lodged and telleth hym that he yelde hym that he is his prysoner To the whiche thinge thenglisâ—e knyght that brought the baron with hym ansuereth that he may not doo soo For by vertue of hys saufconduyt he may goo he beyng the tenthe thrughe the royalme of Fraunce of whiche x this baron is one For suche as hym pleased he might take wyth hym ¶ Ansuereth the frenshe knyght and sayth Ye be but a symple knyght soo may ye not brynge wyth you noo gretter man of condycyon than ye be of vndre youre saufconduyt For yf it were soo than myght ye in lykewyse haue brought youre kynge with you or som of his children the whiche thynge is not raysonable and namely hym that ye brynge with you is bettre in value to bringe you with him than ye hym for he is moche more grete than ye be That other saithe I brynge hym not wyth me vndre my saufconduyte But vndre the kynge of Fraunces saufconduyt so aske I and beseke that hyt may be enterâ—ned and kepte to me after the tenoure therof This questyon comen to iugemeÌ„t I aske the whiche of bothe hath the right I saie the frenshman For after the ryght wryton in suche a generalyte ought not to be vndrestande a gretter man than he is hym self For yf a man gyueth a procuracyon to another for to doo execute certeyn thynges of hys owne it is not therfore to be vndrestaÌ„de that he gyueth him a generall procuracyon or that he ought to abuse therof in especyall in fayt of armes neuer suche a thinge shulde right suffre to passe For it myght tourne to preiudice to the personne that gyueth the saueconduyt Now I aske the another thinge I suppose that a chyef captayne of an oste of FrauÌ„ce whiche is sent by the kynge vpon the fronteres saith and affermeth that he hathe the powere for to gyue saufconduyte thrughe all Guyenne Wherfore he doo sende worde to the Seneshall of Bordewx that he wil com vnto a certeyn place vpon the frenshe grouÌ„de by cause that gladly he wolde speke with him for to doo soo he sendeth hym a saufconduit wherupon the sayde seneshal departeth vpon the suretee of the same saufconduyt for to come to the place that is saide betwene hem but it happeth him to be taken of som frenshe men by the waye that putte hym in to pryson I aske the wether the sayde chief captayne is holden to gete him out of prison atte his expenses For it semeth ye seeyng that by his assewraunce he is fallen in to that Incouenyence and domage Fayre loue the contrary is trouthe knowe thou why For it is sayde comonly that without a cause shulde a man be called a fole without that his folye shulde be causer of hys domage And it is clerly certeyn that the seneshal ought not to haue byleued the captayne but yf he wyst for certeyn that the frenshmen wolde kepe his saufconduyt wherfore thenne yf he hathe ben symple and folyshe the hurt and domage must a light and abyde vpon hym for with all this he ought wel to wite that a captayne hathe noo powere to kepe hym sure but fro his owne folke And sithe thenne that other frenshmen that be not of his retenue haue doon vnto hym the same what can the sayde captayne doo therof And also it is noo ryght that one shall gyue a preuylege to one that is gretter than hym self for to come in to the royalme of his souerayne lorde nor namely yf he were bounde to kepe hym sauffe all shulde not auaylle For an oblygacyon made ayenst power is of noo value and all other the whiche be in the ryght of armes ought not to be vnknowen to the seneshall otherwise he were vnworthy and not alle to that effice Soo thenne I conclude for that the captayne had gyuen the saufconduyt for true and goode whiche hathe ben of noo value he is not therfore holden to paye the sayde raunson Neuertheles yf he be a gentylman he is holden to purchasse towardis the kynge his delyuerauÌ„ce with all his powere bicause that thrughe his fawte he is fallen in to suche an inconuenyence ¶ Here saythe xprystyne to the mayster that she hath herself grete merueylle seeyng the litell feyth that regneth how ony body dare truste in saufconduyttes And syn demaundeth that yf it happe that som prynce or crysten kynge gyue a saufconduytte to som sarâ—asyn whether it is so that other kynges ought suffre hym to passe by them vndre vertue of the same Capytulo iij MAyster wythout faylle thys semeth me grete merueylle seeyng the lytel trouthe and fydelyte that this day renneth thrughe al the worlde how a prynce or a lorde or som other gentylman namely what soeuere man yâ— it be dare truste hym self vndre a saufconduyt for to goo in a place where his enemyes be more myghty and more stronge than he ¶ Crystyne yf thou therof haue merueylle it is not without a cause how well that a saufconduyt after thauncyent constytucyon of the ryght of armes also of al lawe oughte for to be after hys nature a sure thynge betwyx partyes and mortall enemyes whiche we call capytall enemyes in oure lawes the whyche lettres of surete the good and valyaunt conqueroures that were in tyme past shulde not haue broken ne enfrayned for to dey But nowe in tyme present for the barates subtylnes and deceyptes that be founde by whiche men haue noo shame for to make a lye brekynge they re feyth and they re othe amonge crysten folke moche more than ony Iewes· nor paynemys wolde doo wherfore it is counseylled by som of oure maysters that men shal not truste of light in saufconduytes where as the tyme is now come that where the lawes doo calle frawde and barat it is now called subtyltee and cawtele wherof foloweth oftymes grete parell For in dede yf a man of what astate or condycyon that he be of wyl do som treason to som other body whan that he hathe the personne in a place where he fyndeth hym self the more stronge he shal fynde a noone al ynoughe wherof to coloure a cause to stryue wyth hym wherfore he shal slee hym or poyson hym he wyl or perhappes shal brenne his hous or shall robbe hym or otherwyse shall hurt hym vndre coulourable deceypte And whan thys is so doon there nys noo ryght that can com tyme ynoughe for to recoÌ„pense hym therof by cause it is doon vndre false coulour for
thees doubtes saith the lawe with gode ryght that for surete of a persone that putteth him self vndre the power of his enemye can not gyue hym self to grete a preuylege For after the dede doon the restytucyon were nothynge With out faille maister it is trouthe but yet to this propos telle thou me a questyon after ryght I putte cas that a crysâ—en kynge had gyuen a saufconduyt to som sarasyn I aske the what folke crysten ought to kepe hym his saufconduyt for to the purpos of that that thou haste said to fore may sâ—me to me al first that the popis nor the emâ—eroures folke haue nothinge a doo therof where as they be belongynge to a gretter lorde than is the kynge I knowe what thou wilt saye For sothe they be not holden therto nor namely noon other kynge crysten after the wytnes of the lawes the whyche saye that a kynge can not giue noo mauÌ„dement nor ordynaunce wythout his Iurisdicyon And therof I shall telle the the trouthe For som of his owne subgettes myght also doubte that they be not holden therunto the cause why is by cause that the sarrasyns ben generall enemyes of al crysâ—iâ—nyte And it is a thynge of trouthe and also wryton that noo crysten man ought not to receyue ony maner enemye of the lawe of god Soo is a man moche more bounde to obeye god than his temporal lorde as the lawe wytnesseth that saythe that to euery persone is permytted for to gaynsaye hys lorde yf he be suche a man that he wil kepe bere susteyne gyue fauoure to the enemyes of the lawe of god By what ryght thenne shulde be holden the subgett of the sayde kynge for to kepe that same saufconduyt And also the sarrasyns haue not werre onely wyth one kynge crysten but ayenst all and with thys the lawe saith that that thynge whiche towcheth all ought to be approued of all it is other wise nought but nowe another thynge is there to be vndrestande that is to wite that yf it be soo that for a raisonable cause it is gyuen vnto hym as for to purchasse the rauÌ„son of som lord or knyght or som other that is in the sarrasyns handes as a prysonner or for som other cause Iuste raysonable dowbte not therof that not onely the subgectes of the sayde kynge that gyue the sayde saufconduyt but generally all crysten men where as he must passe by ought to suffre hym goo surely for two pryncypall raysons that one is by cause that they shal not saye by vs emonge themself that litel feythe and loue we shulde haue togyder amonge vs that are crysten people whan we wolde not suffre that they shulde purchas the delyueraunce of thoos crysten that be prysoners in they re handes for the feyth of oure god that other yf rudnes were doon to them of the crysten whan they come amonge vs supposed that it were for vteraunce of they re marchaundyses or as ambassatours or for som other Iuste encâ—hoson they myght selle hit ryght dere to oure crysten people that for semblable causes goo amonge them full often Soo ought we to kepe them suche ryght as we wol that they shall doo to vs But yf it happed soo that a kyng or a towne had werre ayenst another and for to aduenge hym self or for som other vnreasonable cause shulde doo come to his aide or other wyse som myghty sarrasyn vndre saufconduyt In suche a cas noo crysten folke subgette or other ought not to suffre hym nor the vasselles nor capytaynes shulde not be reputed for forsworne nor vntrewe to they re lorde for the same For the lawe namely sayth that yf eny body be founde berynge eny lettres ayenst the comon vtylyte men may take hem from him and breke hem wyth out leue of the iuge and another like hyt sayth that al man ought to putte from a bout hym all heretykes and folke that doo ayenst the feyth ¶ Begynneth to speke of trewes and asketh yf that while they laste betwene two werreyers Any towne castell or other thynge may be taken one vpon other And whether that one partye shal kepe the trewes whyche that other partye hath broken or not Capytulo iiij MAyster me semeth that there is another assewryng of werre betwix enemyes that men calle trewes whiche is as one manyere of a peas made for a certeyn season So wol I therfore som what wyte of the of suche questyons as I shall make to the concernyng the same by cause that other while I haue harde saye in som contreys where namely it hath be som tyme vsed that it is noo grete euyll in tyme of trewes yf men see they re aduauntage for to take or stele by som cawtele som towne or castell or som gode prysoner yf they may So demaunde I of the yf it is trouthe that men may do soo without wronge to doo Wherby to thys I ansuere vnto the that who someuer do soo he enfrayneth the pure ryght of this that trewes conteynen And to th ende thou shall knowe hit best soo that thou mayste in thys partye testyfye it the bettre I shall telle the what oure maisters sayen therof Fyrst of all they saye that trewes is a royall assewrynge that by noo ryght ought neuer to be broken vpon peyne capytall lyke as the ryghtwis lawe of a kynge or prince ought neuer to be broken ¶ Item that trewes â—onteynen thre pryncypall thynges that is to wyte suretee youen for goodys moeuable and other goodis ¶ Item semblably to men and thirdly hit draweth to a treattee and to hope to haue peas And thenne syth that trewes conteynen in hem self suche thynges bothe in generall and in especyall by what ryght myght the one partye take other towne or castel or other thyng vpon that other partye dere loue with out faylle they that doon soo or that contryuen that yt may be doon without wronge they sett nothyng by the ryght soo fynde they dyuerse maneres of begylyng And sythe that they wol couere they re falshed with ryght and with the lawe whyche vttyrly is ayenst hem there as she sayth that al thyng taken and vsurped vndre truste of trues ought to be yolden ayen and restored and all the costys payed the name of trewes ought not to be called amonge suche men But they re dooyng ought rather to be cleped extorcyon deceyte And wyte thou what a kynge or a prynce ought to doo of hys owne folke that suche a vylany sholde doo to hym as to make hym lye and not sayeng trouthe of hys promesse and affyaunce made On my feythe to make they re hedes to be smytten of So shulde other take ensample and thys is the sentence of the lawe and therof he shuld gete suche a gode name that he shulde be reputed a ryghtewis kynge and more doubted he shuld be therfore And by the same he shulde gyue to hys enemyes cause for to yelde them the sooner and gladlyer vnto hym the whiche
yf they be broken of them and that he can haue som of them to hys a boue noo raunson ought not to spare them but that they be pugnyshed as it apparteineth And I aske the mayster yf the kynge of FrauÌ„ce and the kynge of englande had sworne a trewes togyder for a certeyn tyme and that the sayde kynge of englande shulde breke hem in dede shulde the kynge of Fraunce be holden to kepe for it myght seme ye seeyng that supposed that yf one doo som euyll another is not holden to doo hit semblably but ought euery man to kepe his trouthe within hym self I telle that syth that one of the two kynges whyche that he be and of all other in lyke cas hathe broken hys promesse and hathe for sworn hym self that other is not helden to kepe hys othe that he had made vnto him and for the same he for swereth hym not for after ryght syth that men haue broke fyrst couenaunt wyth hym he is not bounde to kepe the same but he is assoylled by the ryght wryton of the IugemeÌ„t therof And that worse is he shuld synne dedly yf he shulde suffre hys owne folke to be slayne for fawte of his owne deffense ¶ Here speketh of one manere of werre called marâ—ue to wite yf it is iuste Capytulo v MAyster where yet I am not satysfyed with thy wyse and Iuste conclusyons I wol make vnto the certeyn questyons and demaundes vpon another manere of dyffeâ—rence that nyghe draweth to werre whiche I wot not whether it is of ryght or not For the auncyent gestes make noo mencyon therof but the prynces and the lordes syn the auncyent lordshipes haue taken to vse therof whiche is called Marke that is whan a man of a royalme as it were of Fraunce or of som other lande can not haue noo ryght of certeyn wronge doon to hym of som myghty man straunger wherfore the kynge gyueth hym a manere of a lycence to take arreste or to putte in to pryson thrughe strengthe and vertue of certeyne lettres opteyned of hym marchauntis and all other and in likewyse they re goodis that cometh out of the lande and countrey of hym that hath doon the wronge vnto tyme that ryght and restytucyon were made vnto the party playntyff of his actyon and demaunde Soo wolde I gladly wite yf suche a thinge cometh of ryght For a grete merueylle it is to me that a man of the couÌ„trey of hym that hathe doon the mysdede that haply neuer see hym nor is not coulpable and yet for thys cause he shal be arrested or putte in to pryson and his goodys taken yf he be founde where as he that was wronged hathe powere and shall must nede paye and restore that wherof he oweth nought nor hathe no gylt therunto Doughter dere to saye trouthe thou must knowe after the wrytynge of thauncyent ryght that thys manere of werre that is called marke thrughe whiche one taketh and bereth domage for another wythout hys desserte is not iuste nor the ryght wryton graunteth hit not the whyche ryght hath ordeyned that yf a marchaunt of parys or of whens he be of is bounde to a marchaunt of Florens whiche asketh iustice byfore his iuge but he can not haue of hym hys askynge the marchaunt florentyn may pursue his debytour to fore the kynge tyl that ryght be admynystred vnto hym But for to saye that by cause that a marchaunt of paris is bounde vnto hym he myght putte in pryson another marchaunt or bourgeys of parys or of some other place of the royalme or hys goodis to take vndre arrest veryly for to saye thys manere of fourme is nother of ryght not of rayson grounded But see here what of ryght may be doo therto whiche lordes haue brought vp for thys cause I suppose that an ytalyen were holden to a Frenshe man of a grete some of syluere of the whiche bonde he wyl defrawde and begyle hym that is hys credytoure wherfore he forsaketh hys owne countrey and goeth dwell in england by cause that he knowe well that the frensheman shall not goo for to pursue nor plete with hym there Or ellis thys 〈◊〉 fall another manere of cas A genewey is bounde 〈◊〉 a goo to a frencheman whyche shall knowe well that by cause of the euyll wylle that nowe is betwene the kynge of Fraunce and the duke of Iennes the frenshman shal not goo to Iennes for to pursue his dutee wherfore he shal be of so euyll contynaunce that he shal doo noo force for to make restytucyon what shall thenne the frenshman doo he shall drawe hym self towardis the kynge as a subgcet ought to his lorde for to haue his help that he may recouere his owne goodis The kynge thenne well enfourmed that this man sayd trouthe shall gyue hym marke And in lykewyse the kynge shall gyue the same yf it hap that a knyght or som gentylman complayneth that he hathe be dystressed robbed Iniuried or brought to ashame som where as the kynge hathe noo deffyaunce of werre vnto the tyme that restytucion and amende be to hym made Thys cawteâ—e founde the counseyllers of the prynces for to withstande suche barates and deceytes Thys marke conteyneth that euery personne that shuld be fouÌ„de in the lande of the prince that giueth hiâ— that is of the contrey towne or place of hym that shulde haue doo or shulde doo the oultrage or wronge shulde be take â— his goodis in to the courtis hande tyl that the marchauÌ„t were payed restored or that to the iniurie were made a suffâ—sauÌ„t amende thenne whan the marchauÌ„tes see themself so euyl handled in strauÌ„ge couÌ„treis where as marke is giuen aâ—enst them they fynde suche wayes with the iustice of they re place or towne that he or they that be causers of the wrong that was doon shal be constrayned to contente restore that other for this cause hit was fouÌ„de brought vp and to this propos serueth well a comon prouerbe that sayth that by an in conuenyent is chastysed another inconuenient also by the same hurt is another hurt repayred for by noon other waye can men haue noo ryght of many and dyuerse wrongys that be doon or that might be doo to strauÌ„gers gooynge by the waye But not withstandyng that this thing myght haue eny coloure of ryght I telle the so moche therof that euery kynge or prynce of whom this marke is requyred ought not therfore to graunt hit lyghtly For it is a thinge ouere greuouse and poysaunt Wherfore it ought to be delibered wyth peyne for two pryncipall raisons that one by cause it is a thinge that full sore may hurt a mannys conscyence that other is that it may be a begynnyng of awerre And therfore what ought a kynge for to doo whan he is requyred for to gyue hit ayenst som countrey cyte or towne he ought first enquyre by his president or chauÌ„celler or by som other wise legyste or
man of lawe for what rayson he requyreth the same what cause he hath therto And yf the man sayth that whan he cam fro mylaen were taken from hym in the towne of Ast ten thousand frankis orthe value therof or more or lesse that of them he coude haue noo ryght but they of the towne bare out this thynge though that he dide his deuoire to complayne bifore theire iustyce Thenne ought the kinge to write vnto them praying that amyably they wyl receyue his lettres make restitucyon to be made vnto his subget of the oultrage hurt domage that by onâ— or dyuerse of hem hath be doon and yf it so happe theÌ„ne that for his sendyng desire they wol doo nought make noo force of the kyngis lettres that it be seen delibered by dyreccion of gode couÌ„seil theÌ„ne suche a marke longeth therto the kynge thenne after the costume of the lordes temporall may gyue hit of his auctorite especyall ¶ Yet of the same and whether al lordis may gyue marke whether the kynge ought to gyue hit for a stranger that wil be made his cytezeyne whether scolers myght be troubled by vertu of the same or not ¶ Capitulo vj THeÌ„ne maister yf it happed that the peple of florence or of ellis where had taken in like caas the goodis of a marchauÌ„t of paris how shulde marke be gyuen ayenst that same cyte for yf men goo to the right there most iustice be asked therof to the souerayne iuge of the same place that is the emperoure but how be it that they ben of right his subgetis it is not to be doubted but that they wol doo litell or nought for hym to saie that the marchauÌ„t shulde goo to plee bifore theire potestate of that yere yâ— haply shal be a cordewaneâ— or a tailler yet shal he bere hys gylt gyrdell as a knyght shapyng sowyng his â—hoâ—e after they re custome Soo byleue I that litel ryght he shulde fynde there I saye not onely more of florence than of another cite where as the people gouerneth what theÌ„ne shall herof be made Aa faire loue thaâ— that I tolde the bifore shal be doo the kynge shall sende thyâ—ther his lettres if they make of them noo force he shall theÌ„ne mowe gyue hys marke aienst them lawfulli sith that they saie hemself that they haue noo souerayne but calle hemself lordes of florence maister I aske the yf all lordes may gyue marke My loue I ansuere the nay For as thy self hast sayde repliked bifore noo lorde may Iuge werre but yf 〈◊〉 be souerayne of Iurisdiction And where theÌ„ne this dede of marke after his owne kynde condicion is like vnto werre noon may gyue the same but yf he be a lorde without me ane as the kinge of frauÌ„ce other ben of they re royalmes Now telle me yet I suppose that a marchauÌ„t borne of the cite of mylan hathe ben dwelling of longe tyme in parys hath there housyng herytages landes Wherfore he shal be reputed taken after the custome as a burgeys of the cyte there I aske the yf for this man the kynge shal gyue marke yf the cas as a loue is saide happeth to falle seeyng that he is not of the nacion of frauÌ„ce but is borne vndre the iurysdiction imperyal I ansuere the that after the rule of ryght he that is partener of the hurt charge he ought in lykewise to be partener of the we le coÌ„fort wherfore yf it be so that this marchauÌ„t haue of longe tyme payed the subsidies imposicyons of his marchauÌ„dise goodis vnto the kynge is a burgeys without faylle the kynge is holden to bere supporte hym in al thynges as his subgett citezeyne semblably I telle the of a knyght or som other geÌ„tylman strauÌ„ger dwellyng of long tyme in France seruyng the kynge in his werres soo that he haue lyuelode there of his owne yet I aske the yf for cause of this marke thus gyuen myght a clerk studieng atte the sooles within paris be letted or troubled or his godis arrested I ansuere as aboue that nay nor namely his fader that were come for to see hym there Nor namely the kynge may not gyue marke thoughe the cas so besell ayenst what someuere folke of the chyrche where as he hathe nought to knowe oner them but this longeth to the pope yf they ben prelats of other it lieth in they re prelat that ought to compelle them for to do right reason nor the king by right can gyue therto noo remedy but yf it be atte thynstaunce of his prayer yet I telle the that al pelgrimes of what lande or nacyon so euere they be be it in tyme of werre of trewes or of marke ben in the sauegarde of god of the saint where as they propose to goo to therfore the countrey taketh hem in her especyall sauuegarde wherby they be preuileged aboue all other folke that be reputed as folke of holy chirche he is acursed of oure holy fader the pope yâ— hurteth or troubleth them by any manere of wyse ¶ Here begynneth to speke of champ of bataill and asketh yf it is inste goode that a man shall proue by his owne body fightyng ayenst another that thing whiche is secret and vnknowen Capitulo vij After thees thinges where as I am ryght content of the solucyons aboue sayde right dere maister coÌ„tinuyng the matere of werre I wol make to the other questioÌ„s bi cause that in my tyme I haue somtyme seen vsed infrauÌ„ce of thys wherof I wil nowe speke namely bifore my tyme hit hathe be vsed all ynoughe in other places as for faites of armes that is to wite werre that is onely made betwene two chaÌ„pions or otherwhyle many of one quarelle in a closed felde the whiche werre is called chaÌ„p of bataille whiche one geÌ„tylman vndretaketh for to doo ayenst another for to proue by myght of his owne body som cryme or trayson that is occulted or hydd soo demauÌ„de I of the yf suche a bataille is iuste permytted by ryght doughter dere loue of this matere amonge all other bicause that the noble men that be not clerkis that this bok shall mowe here or rede knowe best what in this is to be doon it pleaseth me right well to ansuere yâ— therof wherfore to th eÌ„de that they yâ— loue the dedes of knyghthode shall vndrestande hem self in this matere that thy self that after me shal writ it mayst shewe yâ— trouthe therof I telle the that emonge the other thingis of armes after diuine ryght also after right humayne bothe canon ciuyll to giue a gage of chaÌ„p of bataille or to receyue hit for to fyght is thing repreued condeÌ„pned amonge the other decrees that forbedeth the same is acursed by the ryght canon aswel he that gyueth
hit as he yâ— receyueth hit moche more they yâ— suffren byholden them now mayst thou see whether it is a thinge that ought to be doon or not that this be true wel dyde shewe pope vrbain the v of that name whan that a chaÌ„p of bataille shulde haue be made atte villenoue by auynon of two knyghtes that had arrested themself for to fight one ayenst that other bifore kinge Iohan of frauÌ„ce the whiche chaÌ„p or clos felde oure saide holy fader the pope as thinge prohibit deffeÌ„ded comauÌ„ded expresly vpon peyne of cursyng the noon shulde goo there for to see the same yf thou or other wold telle me that to doo suche a thinge it is vsauÌ„ce of armes I ansuere the that muche more grete is the right of god more ought men to obey therunto than to the vsage of armes and that it is true that folke ought not to suffre nor doo the same there is many good raisons that dyuine ryght assigneth therto the whiche right diuyne is the ryght of holy chirche wherunto we ought to obey vpon peyne of dedly sinne whiche right deuyne condempneth all thinge by whyche folke wyl tempte god For men wil knowe yf god shall helpe the ryght also as by they re temptyng that god shulde doo myracle the whiche thinge is vndue as for to experimente the wille of god it apiereth for we saie that for to aske a thynge ayenst nature or aboue nature is presuÌ„pcyon it displeaseth god for to trowe that the feble shalle ouercome the stroÌ„ge the olde the yonge or the sike the hole by strengthe of goode right to haue as haue had haue coÌ„fidence they that therto putte hemself suche a thinge is but ateÌ„ptyng of god I saye for certeyn that yf it happe them to wynne it is but an adueÌ„ture not for the gode ryght that they therto haue that this be true I shal by reason shew it to the hathe not oure lorde suffred many a goode man to be putte to dethe wrongfully without a cause of whome the sowles ben blysfully in paradise not this miracle he dede for them shulde theÌ„ne trowe a poure sinner that god shulde doo more for hym than he dide for them Trouthe it is also that oftymes it hathe be seen that he that had good ryght lost wherfore a decretall remembreth suche an historie how vpon a tyme in the cyte of poulent were two bretherne accused of thefte wherfore after the vsage of the same cyte behoued to deffeÌ„de hemself in chaÌ„p of bataylle where as they were ouercome wherof soone after hit happed that within the saide cyte was founde the theef that had doon the dede wherby manifestly was knowen that the two bretherne that al redy were dystroyed were nothiÌ„g gylty therof And thus by cause that semblably it hathe be knowen to hap soo dyuerse tymes in dyuerse landes also that it is a thinge vnraysonable to be doon the ryghtes canonall haue reproued this manere of fyghtyng as the lawe saithe yf by suche a manere men wold proue make good theire ryghtwis quarelle the iuges that be stablished ordeyned for to do iustice were as vayne it is an euyll raâ—son for to saye yf I can not prone nor make gode that that I saie I shall fyght therfore and shall proue hit by my body for noon but god I and he that I appelle therof knoweth it not yf som man wolde saie to me trouth but the euyllâ—s yâ— secretly be doon can not be punished by iustice sith that they can not be proued I telle the that veryly they can not be puâ—nyshed but he that awayteth that the sinne whiche is hid secretly kept be punyshed by hym suche a man wil vsurpe the diuyne puissauÌ„ce the sapieÌ„ce of almyghty god whiche onely apparteyneth to the punycyon therof affermeth a decree that saith that yf all sinnes were punyshed in this worlde the Iuges of god shulde haue noo place another rayson there is that this thinge condeÌ„pneth that is that the lawe cyuyl hathe ordeyned iuges iugement for to doo as raison requyreth in place that noone be taken for a witnes in his owne cause but a man that thus wyl make a proue by his body forceth him self for to breke this lawe It by ryght canon it is yet more reproued for it comauÌ„deth expresly that men shal obeye the pope hys comauÌ„dementê he by a good rayson hathe comauÌ„ded expresly that men shal neuer fyght by suche a manere of wise Fayre loue thus mayst thou see that suche a bataylle is proued to the whiche thing god gra mercy the kynge of frauÌ„ce and his gode couÌ„seyll hathe wel aduysed wherfore hit shulde be noo more in ewre within his royalme the blessid god gyue ioye peas honour paradyse to them that thrughe vertue of gode wit haue entremytted peined hem self that suche a thinge were putte a donne out of that right cristen royalme of fraunce And that all suche other folishe dedes of armes that thrughe yougthe without cause but onely for a manere of pride of one for to ouercome that other without any quarell whiche is dysplaysaunt to god be lefte where this said royalme whiche is the super latyf aboue all other crysten royalmes hathe bygonne thesa me al other yf it please god shal take ensample so to doo that theire noble men dysobey not the chyrche puttyng the body in parell of dethe to theire grete dysworship without a cause theire sowles daÌ„pned lost for euermore O lord god what folyshe enterpryse ¶ For what causes the lawe Imperyal dyde ordeyne champ of bataylle ¶ Capitulo viij But bi cause that the deffeÌ„ses aboue said of the ryght writon haue not be alweies obserued nor kept nor yet be not obeyed in al royalmes as touchyng for to fight in chaÌ„p of bataylle as it is said I shal telle the causes for the whiche they that dede sett hit vp haue iuged it to be doo that is to wite theÌ„perour federik that so muche contraried holy chirche that he chassed the pope out of hys place the tyme whan he cam to his refuige secoure toward the kiÌ„ge of frauÌ„ce also another scripture that men calle the loÌ„bardishe lawe deuyseth therof in diuerse cases the whiche herafter shal be declared by me vnto the first the said eÌ„perours lawe saith yf a man be accused of traison that he haue machined purchassed procured or conspired ayenst his prynce or aienst his cite or ellis to the preiudice of the comyn wele what soeuer the cas be of whithe the trouthe can not be by noo proues knowen that this man so accused offreth to deffeÌ„de purge himself by champ of bataylle ayenst al men that wol saie aienst hym shal be receyued to do the said champ of bataylle It that yf a prisoner of werre be kept in pryson
with thy gage fight thy self al alone yf thou seme it gode for I shal neuer fyght for this cause soo is there noo lawe that may gaiÌ„saye hym in this cas for prescripcion is aproued of al right It saithe the said lawe that yf it happed two men tofall a debate togider that theire question were brought to iugemeÌ„t where bothe of hem shulde produce or bringe forthe theyr proues to this entencyon that yf the one partye wolde gaynsaie the other that they cowde not accorde yf he wil make it goode by proffe of his body he shal be receyued It yf a man taketh an action vpon another for certeine some of syluer or som iewell or of som other moeuable gode whiche as he saide he lent to his fader or moder that other denyeth him the same he shall also be receyued ayenst the other to doo chaÌ„p of bataylle yf he proffreth to make it good by the same meane It yf a man hath be brought to losse domage by fortune of fyre in his hous or in his grange or other thinge yf he wil proue ayenst another in manere a forsayde that he hathe putte the fyre theryn he shal be herde It yf a man complayneth ouer his wyffe that she is noo good woman thoughe he doo this for a wyle for to close her within awalle or for to be quytte of her or that she shulde be banyshed from her dowarye she may deffende herof herself yf she can fynde a chaÌ„pyon that wyl fyght ayenst her husband for her yf the husband refuseth hym he shal not be byleued Item yf a man hauÌ„teth in the house of awedded man yf the husband wil saye that this man hath hauÌ„ted hauÌ„teth for to haue a doo wyth hys wyff for to shame her and hym thys other man that so haunteth there may deffende hym ayenst the husbaÌ„de by gage of bataylle wherof I doo lawghe consyderyng suche a folye that yf the felawe that so is accused were grete and stronge it were well bestowed yf he fele hym self Innocent that he sholde bete well thryftly in the champ that Ialous folishe husband It yf a man accuseth another that he hathe pariured hymself in iugemeÌ„t he that is so accused may gainsaie hit as it is sayd many other thiÌ„ges conteyneth the sayd lawe that concernen champ of bataille whiche I leue for shortnes of the matiere as a thinge not nedefull morâ— for to say but so moche it is to be vndrestande that thees batailles are som tyme doon by the priÌ„cipall persones whan a raysonable cas of som lettyng falleth there As it were yf a man to yong were accused or a man that were to olde or a man that had som siknes or that were impotent coude not help himself som time a woman and all suche other persones the whiche thynges are alle ynoughe expressed named in the sayde lawes And namely yf a bondeman saide that his lorde had made him free of his bonde seruytude this he will make goode by his body the lorde is not holden to receyue bataille therfore but ought to deliuere him a champion more hyt saith that two clerkes of lyke degree may haue leue to be fight eche other in champ of bataylle of the whiche thinge sauffe her grace I say that she hathe wronge to entremette her self in suche a cas of any man of the chirche for the canon that ought more to be obeyed deffendeth them expresly al manere of bataylle violent hurt I aske the yf a man impotent as it is saide may sette for him self sache a chaÌ„pion as shall please him I ansuere the that the champions that be comytted for another are in this dede of bataille fygured or in fygure of procurours aduocates of plee whiche offyce euery man may doo for another yf he wyl yf ryght expresly gaynsayeth it not ryght euyn so it is of the champyoÌ„s for who soeuere wil he may be one so that right gaynsaie hym not for som cause For a theeff or som other that tofore had commytted som grete euyll or cryme shulde not be receyued therto nor noo man that is knowen of euyll fame And the rayson is goode That is to wite that yf suche a man entred a champ of bataylle for another and were vainquished there men shulde wene that it had ben for his owne sinnes and that therfore he had lost the bataylle ¶ How champ of bataille representeth somwhat proces of pleetyng And whether it is of ryght that the champyons shall swere by fore they entre the felde Capitulo x BVt how be it that gage of batayllÌ„e as I haue sayde bifore be of oure doctours reproued Neuertheles bicause it is a thynge whiche is in vsage in the dedes of noble men in thexcercyce of armes of knyghthode that suche bataylle haue ben are by the kynges prynces lordes iuged after the ryght that hit can haue wherof the custome shall not yet faylle in all places it is gode for to speke yet therof to the lernynge of thoos that shall most iuge therof semblably of theim that shall vndretake hem For I holde that the most parte of the noble men what that many one speketh of knowe not veray well that whiche is or ought to be conteyned in suche a bataylle touchinge thentrepryse the dooing â— thâ— iugemeÌ„t vpon the same soo shal I telle the therof fyrst thou ought to knowe it is veray certeyne that thees particulâ—â— batailles shewen by figure nature of iugemeÌ„t for ryght soo as to a iugemeÌ„t is the iuge he that claymeth action â—lso the defendauÌ„t present also is there the forespeker the proues after the same foloweth the sentence semblabli so is the iuge lorde in a clos felde tofore whome the bataille is made the party playntyf the deffendauÌ„t be the two chaÌ„pions that fight there togyder the witnes proues ben theire armures the strokes that they giue to eche other by the whiche strokes armures either of them forceth him self for to proue best their enteÌ„cion therafter foloweth the victorie whiche falleth to one of them that represeÌ„teth the diffinitiue seÌ„tence maister I beseche the that thou take not now in anger yf I putte interrupcyon in thy wordes for a questyon that I wil aske of the by cause that I haue herde the saye that the champyons doo swere whan they entre the felde cÌ„ whether it is a thynge ryght wys that they make eny othe there For it shulde seme nay and it nedeth not by cause that in a generall batayillÌ„e where two kynges were and they re folke shulde noon othe be made and why thenne shall two persones swere Dere loue I ansuere the that for to make there they re othe it is but the ryght of suche a bataylle and it is noo goode that that thou sayst that in grete batailles is noon othe made Knowest thou the
cause it is by cause that suche grete bataylles are entreprysed by delyberacyon of a grete counseyl and Iuged of the lordes soo behoueth there noon o the But to suche a partyculer werre the prynce can not knowe so wel the certeynte of the quarelle and therfore he wil take of them they re othe vpon that whiche they vndretake to proue by they re bodyes Soo calleth hit the lombardyshe lawe the hed o the thys othe that thou knowe is of the nature of the othe of calengyng whiche ought to be taken atte the begynnyng of al manere of plee where as the party playntyff swereth that his action is rightwys gode and after that swereth the partye deffendauÌ„t that his deffenses be true and euyn thus it ought to be doon in a champ of bataylle But to th ende that thou shalte vndrestande there is a crafte for to take suche an othe For yf he that called that other swereth absolutly ayenst the other of that thynge wherof he is not wel certeyne as thoughe I suere vpon the holy gospel that thou hast mordred or made to be murdred my fadre or my broder and al weyes he is not therof wel certeyne For he hathe not hit wel seen but it may be that he shall haue herde saye the same or for som coloure he shal haue a suspectyon therof suche an othe is folisshly made For noon oughte to swere absolutly for a thinge but that by his owne eyen he be sure and certeyn that it is soo and for thys cause may be his quarell nought For he forsuereth hym self yf it be not as he sayth But it is otherwyse of the partye deffendauÌ„t â— for he can not be ygnoraunt of the quarelle for well he doth knowe yf he be coulpable of the dede or not and therfore his quarell is bettre in cas that he fele hym self pure cleue therof but yf he wilfully doo for swere hym self muche more is worse his cause than of hym that weneth to saye trouthe wherfore for to be more certeyn and in surete to haue a good quarelle the party playntyf that is to saye he that calleth that other whiche is party deffendaunt ought to swere onely without mâ—re that he holdeth stedfastly bileueth that that other hathe kylde his fader or hathe doon to hym thyniurye wherfore he calleth hym to bataylle by thesame shall his quarell be the bettre Soo ought he for to saye bifore the prynce the cause why he his so moeuyd and the manere of the cas the prince thervpon ought to be wyse for to see and aduyse by the 〈◊〉 constances yf this that he saith may be true or not for yf the cryme or mysdede had be doon the day afore nyghe the park of vycenes and that he that of the same is accused cowde brynge true proues that all that day he was ferre thens he ought not to gyue noo feyth to suche callyng vpon that whâ—che were impossible so ought the prynce therfore wel to aduâ—se that the quarelle be iuste or euer that he iugeth hit acceptable and not to here all them that calle other thrugh folysâ— moeuynges and dotyng opynyons For many there be so litell wise that they wolde folyshly expose hem self to thesame for noo cause atte all or for litel occasion and they shulde wene that it were a fayre dede doon of hem bicause of theire lytyl consyderacyon And it is noo pyte whan it falleth euyl to them but of that other partye is compassion for they must deffende hem self and yf they doo it not after the vse of armes men shulde gyue hem blame and dysworshyp therfore ye after thopynyon of the yong folk not wise in this caas And I aske of the yf yt happed that bothe the parties wolde be fyght eche other in a playne felde or ellis without the presence of the prynce shulde he suffre it I telle the nay For it is a thinge wherof the knowlege longeth vnto him for to gyue hys Iugement vpon the same and ayenst the prynce in this caas may not they re owne wille make noo prouydence but that the sayde lorde or he that is commytted and ordeyned and also they that must kepe hem muste be there present by cause they shal be there sure of all other personnes nor noo man in the worlde ought not to say there nothyng vpon peyne to be gretly shent without it be by the kynge or prynces maundement that ought to iuge att latter ende whiche of bothe is ouercome or vyctoryouse ¶ Asketh xprystyne yf it hap that one of the two champyons lese som of his armes be it swerde or other thynge whether men ought of ryght to see hit restored ayen to him ¶ Item whiche of bothe ought to enuahyshe fyrst Item yf the kyng pardonne hym that is ouercome Whether the vyctoryouse may aske hym the costes that he hathe doon cÌ„ ¶ Capitulo xj MAyster I aske yf it falle soo betwene two champyons that befyght eche other within a clos felde that the one of hem breketh the swerde or the axe of that other or casteth hit ouere the pale For I holde well wyth all that they doo the worste that they can one tyl other supposed that thys man had none nother axe dagger nor mayle nor noo wepen to deffende hym wyth all Whether by rayson men shulde delyuere to hym other harneyse deffensable For syn it is in the manere that thou hast sayde that is to wyte that the armures Inuasyble and also deffensable are fygured and taken for wyttnes and proues wher wyth all men may help hym self in plee cÌ„ It shulde seme that men ought to delyuere and yelde hem new harneys ayen yf they require to haue hit For yf it were so that for to proue good myn intencyon I had produced and brought som wytnesses whiche I suppose shulde faille me by dethe or otherwise I may yet brynge forth many moo why theÌ„ne yf this champion hath not mowe proue hys inteÌ„cyon by the same swerde or other wepen of hys may not he haue another Fayre loue soothe for saye after the rayson of suche ryght as he awayteth ther to a grete consyderacyon ought to be had here for to iuge of the same For a grete dyfference is there yf the swerde is by aduenture falle from hys hande or yf that other hathe taken hit fro hym or broken or cast out of the clos or yf by folyshnes he shulde lese hit and lyke wyse of hys other harneyse But yf the swerde by aduenture brake by the strokes that he hym self shulde gyue wyth all and not by the effort or strengthe of hys aduersarye and that he had nomore weren for to deffende hym self and that by suche manere he had lost it all Without faylle som maystres sayen that men shulde do hym wrong but that they sholde gyue him other harneyse but selden it happeth a man to entre in to a clos felde wythout that
difference thoo that are of his linage they putte theunto dyuerse dyfferences And seÌ„blably it is of the other barons of al gentylmen in likewise soo telle I to yâ— well that of ryght rayson noone ought to presume himself for to take eny thinge of the armes of gentylmen nother forto bere any thinge semblable nor namely one geÌ„tylman of an other gentylmans armes without that it be soo that he can shewe that of old tyme they be or haue ben longyng to his predecessours or that som lord had gyuen som beÌ„de or quarter or som other part of his armes to him or to his predecessours for thus might he wel bere hem without that the kynrede or other myght chalenge him for thesame for to diuerse baroÌ„s knyghtes gentylmen haue ben gyuen the armes that they bere or suche differences as be there of olde tyme past by som prynces or grete lordis wherfore they ought not to be taken by noon other as it is said But it is well trouthe that yf it happed a strauÌ„ger to come in place whiche bare the same armes euyn lyke of som geÌ„tylman of frauÌ„ce or of som other partyes that semblably had borne of olde tyme his predecessours he shulde not doo wronge to noo body in this byhalfe nor noo thinge myght not be said vnto him for thesame It the iij difference is of the armes that dayli be founde newe atte wille as whan it falleth hapli oftentimes that fortune enhaunceth men att her owne plaisire that they that be of ryght lowe degree comen to highe astate whiche thynge som tyme happeth by the suffisauÌ„ce of the persones other in fayt of armes or in scyence wysedom or couÌ„seyll or by som other vertue that they haue Soo it is not euyl employed to them that be worthy therof by noblesse of vertue the whiche whan they see hem self brought to highe astate they take armes att they re owne wylle and suche a deuyse as them plaiseth wherof som grownde and fouÌ„ded thesame vpon they re name as one that is called petir hamer he shall take one two or thre hamers for his armes And as another called IohÌ„n pye he shal in likewise sett the figure of certeyne pies vpon a sheld for his armes thus dyuersli of other deuises as it plaiseth hemself best the heyres that afterward shall descende come of him shall bere euermore thesame by thys manere of waye ben armes first founde and taken ¶ In what manere may a gentylman chalenge another for armes ¶ Capitulo xvj NOw telle me that I may vndrestaÌ„de I putte cas that my fader haue take for his pleasir in his armes a beÌ„de of goules with thre sterres of golde aboue thesame or soÌ„me otherthinge and that another man whiche is of nâ—o sibbe to my fader had tak semblable armes myght this man theÌ„ne bere hem by right without gainsayng of eny chalenge I aÌ„suere the that the maistrs of the lawes maken vpon the same suche a questyon that yf a man or a lynage had taken newe armes sith that openly he had borne hem and that it happed soo that another man of the towne or namely of the countrey of whens that other man or lynage were of wâ—ld take or had taken hem it were noo rayson but they ought to abyde styl to hym or them that first sette hem vp nor the lorde of the place yf eny complaynte be made therof vnto hym oughte not to suffre thesame For suche armes ben were founde for to knowe a dyfference amonge the folke other wyse there were noo dyfference but rather a confusion 〈◊〉 apperteyneth not to the prynce nor to his iustice for to suffre that his subgettes shal wrong nor doo shame to eche other And to doo suche a thing that is to wite to take the armes that another hathe taken a fore hit shuld seme as a despysing doon for a despyt for a ryote or noyse to begynne one vpon another now maister yet wold I be ansuered of another maner of debate that myght wel com a gentylman of almayne cometh to parys for to vysyte the kyng see the manere of his court wher he doo fynde another gentylman that bereth thesame propre armes that he they of his kynrede bere the whiche thing the said almayn wyl chalenge but the freÌ„shman ansuereth that he hath not fouÌ„den them of late but that his antecessours of old tyme had yet dyde bere them The almayn saith that his lynage is more auÌ„cyent than the frenshmannis kynred and therfore ought the sayde armes to be his owne and not the Frenshmans And that more is by cause that the frenshman sayth ayenst thesame denyeth hit the almayn ansuereth that he wol vpon this quarell fight with him casteth in dede his gage to him therfore in presence of the kynge soo aske I of the yf this almayn hath a good quarell whether the kynge by the ryght of armes ought to iuge herupon the champ of bataille In gode feyth my loue if for this cause shuld a batayll be iuged noo right accordeth not therunto ynoughe euydent is the rayson wherfore for what domage nor dysworship can come to the almayn yf a frenshman that his not of the couÌ„trey borne yâ— he is of and that are not bothe vndre one lorde bere suche armes as he dooth syn that they be namely of olde tyme hys owne wherfore thenne nor by what rayson ought he to chalenge the same Certes herto bilongeth noo bataylle to be iuged nor no maner of ryght nother but that eyther of them two shal kepe still that that he hathe I saye not that yf it happed to a knyght or man of armes of FrauÌ„ce or of som other laÌ„de thrughe falle dyssymulacyon that that were a man lyuyng an euyll lyffe a grete theef or man sleer to take the armes of a knyght of almayne with the whiche he shulde goo in to bourgoyne or in lorrayne for to take his proye to sette houses on a fyre there and robbyng folke by the waye without faylle the almayn shulde haue noo euyl cause for to chaleÌ„ge his armes from suche a man but schold his quarel be iuste good But noone other bataylle were not for to be Iuged ayenst this euyll man but onely the hangyng of his body on a gybet For it were not ryght that a good man shulde putte hym self in parel ayenst another that euydently were knowen crymynal and lyuyng an yl lyffe and for this baâ—at to take the armes of another as his owne men myght be punysshed by ryght in dyuerse wise For yf a souldyour of simple lygnage of almayne or of som other lande shulde come in to fraunce for to take the kynges wages in hs werres that shulde bere the armes of som auncyent knyght of his countrey of whos predecessours after the renommee were acustomed to com ryght gode men of armes and forto be the more worshiped and more