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
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
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
I said to hym O dygne master I knowe that thou arte that same studye whyche I loue and haue loued so moche that of nothynge more I remenbre me by whos hauntynge vertue I haue al redy thanked be god broughte atte an ende many a fayre enterpryse Certes of thy companye I am ryght glad But where it ought not to dysplease the maister yf a dyscyple desyrouse of lernynge moeueth questyons I pray the to telle me yf eny rebuke shal mowe be caste to the regarde of my werke for this that thou hast counseylled me for to vse of the sayde fruyte Sâ—re love to thys I ansuere the that the more that a werke is wytnessed and approved of more folke the more it is auctorysed and more auctentyke and therfore yf eny dâ—o murmure after the gyse of euyll spekeâ—s sayieng that thou beggest in other places I ansuere them that it is a comon vse emonge my dyscyples to gyue and departe one to other of the floures that they take dyuersely out of my gardyns And al thoo that help hem self with all they were not the fyrst that haue gadred them Dyde not mayster IohÌ„n de MownÌ„ help hym self with in hys boke of the rose of the sayinges of Lorrys and semblably of other It is thenne noo rebuke but it is lawde praysynge whan wel proprely they be applycked and sette by ordre and there lyeth the maystrye therof and it is a token to haue seen and vifyted many bokes But there as were euyll to propos men shulde doo serue thynges whiche were taken ellis where there were the vice doo soo theÌ„ne hardly doubte the not for thy werke is gode and I certyfye the that of many a wyse man hit shal be yet ryght well commended and praysed ¶ Crystyne demaundeth yf by ryght the emperoure may moeue werre ayenst the pope Capitulo ij Thenne me semed that I sayd soo sithen that it is so right solempne iuge that I shall adde in my boke of armes of knyghthode yet of the fruytes gadred out of thy gardine by thy comaundement vsynge of them I shall aske of the soÌ„me questyons whyche apparteine to the sayde matiere of armes that is to wite of the ryghtes that behouen therto after the lawe ryght wryton And fyrst of all entrynge in the said matyere I demaunde of the Sith that it is trouthe that as in the begynnynge of thys bok I sayde and thy self wel I wot shalt not denye hyt that werres and bataylles after ryght behouen not to be mayntened nor Iuged but by the erthely prynces that of noo thynge holde they re landes and countrees but onely of god as Emperoures kynges dukes and other namely that be lordes Whether the Emperoure of rome that as to temporell Iurisdicyon is the pryncypall of the worlde may make after ryght wryton werre ayenst the pope and yf it so be that he thus entrepryseth hit whether hys men and sugettes be bounden for thys cause to come to hys callynge For hyt semeth that they shulde doo soo by cause that Iurysdyctyon lordshyp is due to hym more than to ony lorde of the worlde and another more stronge a reason there is that is to wite that it apparteyneth his subgettes to be to hym obeyssaunt or ellis forfayt forswere hem self of that whiche they haue promysed him what so euere he be gode or wikked al were he stismatyke acursed dere loue to this question I ansuere the that to moeue him werre after ryght he may not see here the reasons that the lawe writon theruÌ„to doeth assygne first for bicause that he is procuratoure of the chyrche Soo it were a grete oultrage that the procuroure sholde be ageynst the mayster the whiche he ought to deffende there as he shulde offende It the emperoure is subgecte to the pope this can he not denye For hit appyereth clerly by thys that his electyon apparteyneth so moche lyeth in the pope that hit bilongeth to hym to enquyre yf he be a man ydone and hable to the see Imperyall and whether the electyon be duely made or not And for to crowne hym Thus thenne sith that he is subgette vnto the pope It were grete wronge that subgette shulde doo ayenst the souerayne And yet I say to the more that yf the Emperoure ruleth not hym self and hys Empyre after the lawes of a gode Emperoure the pope may take from hym the dygnyte Imperyalle And shall stablysshe another in hys place Soo ought not thenne nor may not the subgettes obey after ryght to the callynge of suche a werre but yf they wil dysobeye god in persecutyng of hys chyrche ¶ Whether the pope may moeue werre ayenst the Emperoure or not ¶ Capitulo iijo· SIth that it is so swete maister that the Emperoure may not nor ought not to moeue werre ayenst the pope I aske the wether the pope may moeue hit ayenst hym for it shulde seme naye seynge that he is lieutenaÌ„t to IhÌ„u cryste in erthe so he oweth to ensewe his steppes whiche were all peasyble nor neuer helped hym wyth werre and wyth this he sayd to hys apostles that they shulde not vse of lordshyppes as do prynces and lordes ¶ Item with this said saint pol that they of the chyrche ought not to Reuenge hem but ought to ouercome by suffrauÌ„ce I ansuere the puttynge thees reasons apart all other suche that the pope without faille may moeue werre ayenst the emperoure in som cas that is to wite yf he by aduenture be heretyke or scysmatike It yf he wolde vsurpe the ryght of the chyrche take from her hir patrymonie and hir enherytauÌ„ce Iurisdycyons and wel I say to the that in thees cases he onely may not make hym werre but shulde be holden all Crysten prynces and other namely of the empyre to help the pope as som tyme it happed to the pope Alexaundre the thirde of thys name the whyche persecuted of the emperoure went for hys refute to the kynge of Fraunce that putte hym ayen in to hys place and nothynge it were that som shulde saie that god saide to saynt peter that he shulde putte his knyfe agayne in to the shede whiche was for to saye that with noo gleuys the chirche shulde not smyte For he sayde not that he shulde cast hit awaye from hym but that he shulde putte hyt vp in to the shethe ayen whiche was to be signyfyed that he shulde kepe hyt for the tyme to come For atte that owre he wolde not vse of hyt in dede ¶ Of the puyssaunce and auctoryte of the captayne of the prynces knyghthode after the lawe and for whÌ„at thynges men of armes may renne in to capitall peyne ¶ Capytulo iiijo· MAister it suffyseth me ynoughe as to this cas But please the to telle me yf I haue here bifore all ynoughe suffysauntly spoken of thoffice of the hed captayne of the oost of the prynce how be it that other tymes I haue be infourmed
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
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
HEre begynneth the table of the rubryshys of the boke of the fayt of armes and of Chyualrye whiche sayd boke is departyd in to foure partyes ¶ The fyrst partye deuyseth the manere that kynges and prynces oughten to holde in the fayttes of theyr werres and bataylles after thordre of bokes dictes and examples of the most preu noble conquerours of the world And how what maner fayttes ought best to be chosen the maners that they ought to kepe and holde in theyr offices of armes ¶ Item the second partye speketh after Frontyn of cawteles subtyltees of armes whiche he calleth stratagemes of thordre manere to fyghte deffende castellis cytees after vegece and other auctours And to make warre gyue bataylle in ryuers and in the See ¶ Item the thyrde parte speketh of the droytes ryghtes of armes after the lawes droyt wreton ¶ Item the iiij partye speketh of the dwytes of armes in the faytes of saufâ—onduytes of tryews of marke after of champ of bataylle that is of fyghtyng within lystes HEre begynneth the Chapytres of the fyrst book ¶ The fyrst chapitre is the prologue in whiche Crystyne excuseth her to haue dar enterpryse to speke of so hye matere as is conteyned in thys sayd book Capitulo prio· ¶ Item how warres and bataylles emprysed by iuste and trewe quarell and ladde by theyr ryght dwit is a thyng of iustyce and suffred of god Capitulo ij ¶ Item how it is not leefful but only to kynges and to souerayn prynces to empryse of theyr singuler auctoryte werres and bataylles Capitulo iij ¶ Item what ben the moeuynges wherof comuneâ—y â—oâ—â—den warres and bataylles Capi o â–ª iiij ¶ Item the consyderacyons regardes that the kyng or souerayn prynce ought to haue in entreprysyng warre And the maners that they ought to holde byfore that they delibere and conclude Capitulo v ¶ Item it is not expedyeÌ„t that the kynge or souerayn prynâ—ce ought to goo in hys propre persone to the bataylle for the perillis of the aduerse fortune Capitulo vj ¶ Item what Conestable ought to be chosen for to be mayâ—stre of the chyualrie of the kyng or souerayn prynce and of the condycyons that he ought to haue Capio· vij ¶ Item some auctours alledge to purpos of thexcercyâ—â— of armes whyche therof haue spoken and the maners whyche the valyaunt conquerours helden Capio· viij ¶ It the maners that thauÌ„cyent knyghtes helden to teche enseigne theyr childreen in the doctryne of armes Cao· ix ¶ Item yet he speketh of thesame and the thynges of armes in whiche he enseygneth techeth the chyldren of the comyn peple Capio· x ¶ Item of the propretees that men of armes ought to haue in whiche they ought to be enformed Capio· xj ¶ Item of the maners that belongen to a good Conestable or captayne to holde in his offyce Capio· xij ¶ Item of the manere that belongeth to a Capytayne to holde in the fayte to lodge his hoost after the bokes of armes Capo· xiij ¶ Item of thesame Capitulo xiiij ¶ Item here deuyseth yf it be nede that the capytayne ought to haue to take hede vpon his hoost Capio· xvo· ¶ Item the manere that the captayne ought to holde in dyslodgyng fro one place to another by the wayes where he ledeth hys hoost Capio· xvj ¶ Item he speketh for to make an hoost to passe ouer flodes and ryuers Capio· xvij ¶ Item deuyseth the maners that behouen to the capytayn of an hoost to holde in the tyme whan he supposeth to haue haftely bataylle Capio· xviijo· ¶ Item the maners that a captayn ought to holde yf it happen that he wyll departe fro the felde wythout tabyde and gyue bataylle Capio· xix ¶ Item it deuyseth how yf the captayne of thoost falleth in to treattye of peas or of trews wyth hys enemyes ought to kepe hym fro the peryllis <_o> Capo· â— xxo· ¶ Item the maners that the captayn of thoost ought to kepe the day that he hopeth to haue the batayll Cxxj ¶ Item deuyseth after vegece the manere to take thauauÌ„tage of the felde Capo· xxij ¶ It deuiseth â–ª in short the manere after the vsage of the time present to arrenge the hoost in the felde for to fight Cxxiij ¶ Item he sayth yet after vegece and thauÌ„cyents thordre for to arrenge bataylles Capio· xxiiij ¶ Item deuyseth after vegece seuen maners of arrengyng an hoost and to fyghte Capio· xxv ¶ Item of the same Capio· xxvj ¶ It the ordre manere that the captayne ought to holde whan gode fortune is for him in the bataill capo· xxvij ¶ Item the ordre manere that the captain ought to helde whan the fortune of the batayll is ayenst hym capo· xxviij ¶ Item a recapitulacyon shortly of some thyngis of the ordres aboue sayd capio· xxix â— Eplicit Here begynneth the book of fayttes of armes of Chyualrye And the first chapytre is the prologue in whÌ„iche xprystyne of pyse excuseth hir self to haue dar enterpryse to speke of so hye matere as is conteyned in this sayd book ¶ Capitulum primum By cause that hardynes is so moche necessarye to entrepryse hye thynges whiche without that shold neuer be enpryses That same is couenable to me at this present werke to put it forth without other thyng Seen the lytylhed of my persone whiche I knowe not digne ne worthy to treate of so hye matere ne durst not only thynke what blame hardynes causeth whan she is folyssh I theÌ„ne nothyng moeued by arrogauÌ„ce in folyssh presuÌ„pcion but admonested of veray affeccion good desyre of noble men in thoffyce of armes am exorted after myne other escriptures passed lyke as he that hath to forn beten doun many stroÌ„ge edyfices is more â—ardy to charge hym self defye or to bete doun a castell or forâ—â—â—esse whan he feleth hym self garnysshed of couenable stuffe therto necessarye Thenne to entrepryse to speke in this preseÌ„t book of the right honorable offyce of armes of Chyualrye as wel in thynges whiche thrto ben conuenyent as in droyces whyche therto be appertenaunt lyke as the lawes dyuerse auctours declaren it to the purpoos I haue asseÌ„bled the maters gadred in dyuerse bokes for to produce myne eÌ„â—encioÌ„ in this present volume But as it apperteyneth this matere to be more executed by fayt of dyligeÌ„ce witte than by subtyltees of wordes polisshed and also considered that they that ben excersyng experte in th arte of chyualrye be not comunely clerkys ne instructe in science of langage I entende not to treate but to the most playn and entendible langage that I shal mowe to that ende that the doctryne gyuen by many auctors whiche by the helpe of god I purpose to declare in this present boke may be to alle men clere entendible And by cause that this is thyng not accustomed
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
may be brought or fall in to by wylys deceptonÌ„ C xxo· And to th ende that no thiÌ„ge that couenable is expedyent to be putte in this our boke be not fogoten as touchiÌ„g the caasis that oftentimes happen or yâ— may happe by faitê of armes it is gode to speke of athiÌ„g that ouer moche may hurt ouer sore an ost that may ouercome hurte more than doeth yrone or eny other thing that soueraynly is to be eschewyd and to take good heede vnto the whyche thing is harde to be putte fro whan it is ones sette in an oost as it shal be declared herafter ¶ We haue deuysed al ynoughe how that an oost may departe more surely fro the felde yf cas be that hys best counseyll wyl not that he fyghte ¶ Now wol we putte another cas that is to wytte that bothe thostys be In a feld wyth a grete strengthe on bothe sydes and redy for to take a day of bataylle togyder But by certeyn meanes they fall in a treatee of peas ¶ It is thenne necessary in suche a caas That the captayne as we haue sayd by fore be sage and wyse so that he may wâ—rke al thingys to the best ¶ And for to folowe the waye that wysedome techeth He shal first take hede to two pryncypall thyngys ¶ One is that he shal consydere What the personnes be that treatten and what moeueth them therto That other is he shal be holde and see what and vpon whyche condycyons is founded and resteth the same trayttee ¶ What the demaunde whyche is doon to hym is and what hys offre is ¶ As to the first of two it is to be aduysed yf they that so treaten ben hys frendys or yf he so reputeth and holdeth them or whethre they be men of egall meane not parcyal nor synguler for nother of bothe partyes or whether they be symply sent and admytted of that other partye or not Yf it be so that â—it commeth by the symple motyon of that other part â— it is a gode token that noo deceyte be not wyth all For eyther god hath so inspyred them or it appereth that they doubte fere the batayll but neuer themore for this he shal be wel aduised of the manere of they re askyng with the manere of they re proffre thou be more proude therfore wenyng to haue hem at auauntage yf the bataylles happed to be wherby thou woldest not fall to accorde But rathre to be founde the harder For eny proffres that were doon vnto the nay certeynly For with peyne it myght be founde that euer it happed that they that refused iuste proffres what someuer ryght that they had nor what grete nombre of peple that they had ayenst a few folke But that at the last they repented full sore And it semyth that god in thys caas hateth them that suche raysonnable proffres comtempnen and reffusen And punyssheth hem ther for But herto thou oughtest to take hede for in thys lyeth the pareyl that is to wyte that thou be not deceyued by trayson thrughe false meanes vndre the shadowe of the treatyng of the peas And how shalt thou know thys For sothe I say that by coniectures thou shalt mow haue a colour of the doubte therof Wherfore be thou alwayes vpon thy watche Wherfor yf it be so that the first moeuing of the trayttee of peas be comen of somme of thyn thou shalt mowe knowe by the condycyons of hym what the cause may be that hath moeuyd hym to speke therof For yf he be wyse and a gode true man and that thou knowest hym for suche thou oughtest not for to merueyll yf suche a man wold gladly see that a gode meane were founde that myght eschewe effusion and shedyng of mannys blâ—de by som gode and worshypfull trayttye and that peas myght be had ¶ But yf he be a man that is not wont to fynde hym self in suche a caas And that is of lytyl courage thoughe he be malycyouse and a wel spoken man thou mayst thynke that this commeth to hym by cowardnes feblenes of herte But not therfore thou oughtest not to putte his reasoÌ„s all a backe But shalt see yf they ben gode and to thy profyt and honnour Another thyng is to be consydered that is that in heryng hym speke that the waye of the treattye peax sheweth and counseilleth vnto the thou shalt fele and see whethre the peax may bettre be come to his proffyt than the werre And yf in his talkyng he peyneth hym self to putte the in wylle of makyng of a peax the whiche for grete desyre that he hath to hyt shuld not be vnto the wel honnourable or yf it is ony couetouse persone to whom this may be made to be said by yeftes promesses To thees yf thou may hit knowe thou ought not to adde nor gyue noo credence nor feyth but shalt put them asyde yf thou be of they re condicions suffysauntly informed For an vntrue counseiller wyl neuer gyue gode counseil but yf it be to his singuler proffyt but a true couÌ„seiller seeth more to the comyn wee le than to his owne parcyall proffit And now it is to the necessary duryng the traittye of peax that lyke wise as the ambaxadours comen to the from that other partye â— soo shalt thou sende ayen somme of thyn Therfore thou must in this wel see that thou be not deceyued For a grete parel may be thrynne but yf they be true men For by suche wayes and by suche ambaxatours many cytees landâ—s and royalmes as som tyme was troye the grete and other dyuers haue be deceyued by suche traytours ambaxatours feynyng them self gode true nor noo parel there nys lyke vnto the same by cause that it is so hidd that wyth peyne may noon kepe hym self how wyse that he be from a traytour yf he hath entreprised to hurt him by treason And therfore noo bettre remedy to this there nys but to seÌ„de suche ambaxadours that be moost nyghe thy noble persone yf suche thou hast with the that gretly setten by thy deth and destruction so that he may haue bothe worship and goode fame therby and we euermore to be preysed and worshypped with hym for thesame and that hys good grace we may please therby Soo haue we a good cause fayre lordys to sawte by fiers corage and to enuaysshe wyllyngly oure enemyes I dare wel saye For they be in the wronge and so is god wyth vs wher fore we shal ouercome them wythout faylle without the defaulte be in vs and therof I make you sure Now be ye wyllynge thenne my dere frendes euery man asmuche as he may to do so wel that I may haue a cause to reporte by you that whyche ye shal be the bettre for ¶ And as to me I swere you by may faythe That whosomenere shal bere hym selfe wel nowe of whatsoeuere degre that he be of I shall so gretly Rewarde hym that he shal
be whyle that he lyueth the bettre bothe in honnour and proffyte ¶ Now late vs goo wythout fere and hardyly my dere chyldren frendes and brethern̄ ayenst thees folke commendynge oure self vnto god that he wyl graunte vs the vyctory ouer theym as we all desyre the same ¶ Suche maneres of wordes shal say the hed capytayne vnto his men and that this ought to be doo all the auctoures accorden in one that of thys caas haue spoken and sayen that thees maneres kepte Iulyus Cesar Pompee Scipyon and the other conquerours And wyth thys afferme and holden that the wyse capytayne oughte to be large and not couetouse ¶ For it is to be knowen that the bokes of knyghthode lerne noo couetyse to be had in noo manere of capytayne but onely to see for the pryce and worshyppe that longen to the fayttes of armes And certeynly thys shewed wel the good duc Fabrycyus the whyche for example of hys bountefulnes we soo often Remembre hym in thys boke Whan that the kynge Pyrrus hys enemye that sore muche desyred to drawe hym with hys partye by cause he was soo worthy sent hym a grete quantyte of plate bothe of golde and of syluere For by cause that he vndrestode that he was so poure that he was serued at his owne borde with vessellys of wode and platers made of tree and sent hym worde that to so hyghe a man as he was apparteyned wel ryche seruyce But he reffused them and ansuered that he loned bettre to ete hys mete in treen dysshes wyth worship than in dysshes of gold wyth reproche and shame ¶ Thenne thus it behoueth that the sayd hed capytayne be benygne and gracyouse emonge hys folke For otherwyse he were not worthy to be amytted to that offyce For they say that by the meanes of hys largesse and benygnyte he may the bettre drawe vnto hym the hertes of hys folke to expose and Ieoparde wyth hym bothe body and lyffe than by ony other other thynge ¶ Hys benygnyte ought to gyue hardynes namely to the leste that ben of symple astate that they dare shewe and sygnyfye vnto hym some thynge yf hyt semeth hem good that concerneth the faycte of armes As it may hap somtyme that som of lowe degre may be of good aduys and of good counseyll For why god Imparteth hys gyftes of grace where he wyl ¶ And it is writon that the valyunt conquerours that be past and goon departed largely they re conquestes and proyes to they re men of armes And for them self it suffysed to haue onely the honoure of the bataylles and therfore they dide wyth they re folke what they wolde And that drawynge wordes are good vegece sayth that the good tysynge and the admonestyng of the worthy duc euerraceth in an oost hardynes corage and vertue And therfore in onys face trobleth hys syght full sore And lykewyse doeth the wynde that fylleth them wyth fonde And also the shoot of an arowe borne wyth the help of the wynde a lighteth more sore and bereth a gretter strengthe And also mynussheth and taketh away the force of the shot of the countrary part ¶ And it is here to knowe that by two maneres of wyles ouer cam the Rommayns in bataylle theym of Sycambre that was by enuahysshyng of suche an arte that they re ennemyes had the sonne to fore theym And that other was by soubdayn commynge vpon them so that noo layfer they had to putte hem self in ordynaunce ¶ Here deuiseth shortly the manere after the vse of the time present to renge an ost in a felde for to befyght his enemyes ¶ Capytulo xxiij WHere vegece putteth many maneres of wayes for to renge an oost in bataylle as it shal be sayd herafter the whyche in some maneres may be dyfferentes to the regarde of the ordynaunces of the tyme present The cause perauenture is by cause that the folke comynly in tho dayes faughten more on horsbacke than a fote ¶ And also where noo thynge there nys in the ordres of humayn dedes But that it is by long proces of tyme chaunged and tourned me semyth good to touche shortly somwhat in moost entendyble termes of the comon ordynaunces of the tyme present as ynough it is knowen of them that faytes of armes excersycen ¶ That is to wyte to make hys auauntgarde of a longe trayne of men of armes al clos togyder and renged full smothely that the one passe not that other the best and the moost chosyn in the fyrst fronte and the maresshalles wyth theym by they re baneres and standartes and at the formest sydes are made wynges in whych ben all maneres of shoters renged and in good arraye asswel gonners as balesters and archers ¶ After the fyrst bataylle that men calle the Forwarde commeth the grete bataylle where as all the grete flote and rowte of men of armes is putte al arrenged in a fayre ordre by they re capytaynes that haue among hem they re banneres and sygnes al vp whych are by dyuerse rowes one after a nother full smothly renged and not steppyng out of place For the Connestable doeth a cry to be made that noon vpon peyne of deth shall dysrowme hym self ¶ And som saye that yf eny quantyte of comons be there men oughte to fortyfye wyth suche manere of men the wingys of bothe sydes by fayre rowes wel ordred at the bak syde of the shot the whyche comons shal be taken and com mytted vnto good capytaynes and in lyke wyse they shal be renged byfore the grete bataylle so that yf they wolde flee they myght be kepte in styl by the men of armes that be behynde hem In the myddes of thys grete bataylle is putte the prynce of the oost and the pryncypall bannere borne byfore hym to the whyche is the byholdynge of the bataylle wherfore it is taken to holde hyt vp to one of the best and pryncypall of the sayd oost and a boute hyt ben of the best and mooste approued men of armes aswell for the suretee of the prynce as of thesame ¶ After folowynge thys grete bataylle commeth the thyrde that men calle the ryeregarde the whyche is ordeyned for cōforte And helpe theym that be a fore that semblably are putte in arraye by a fayre ordre And behynde thys bataylle ben fayrely putte the yomen on horsbacke that helpen they re masters yf nede be and holden and maken an obstakell that on the baksyde of the bataylle they be not enuahysshed ¶ Of the whyche thynge yf there be ynoughe of men of armes and that they be in a doubte les that the ennemyes wyl com at that syde thoo that surely wyl fyght and that ben wyse in fayttes of armes maken another bataylle that tourneth the bak towardys the other bataylles a foresayd all redy appareylled for to receyue them that wold comme ¶ And with thees sayd thynges comonly are ordeyned a quantyte of men of armes experte of the crafte and wel mounted
thoos that neuer sawe noo man kylde nor noo shedyng of bloode they are a ferde to see hyt And for thys cause whan they ben atte hyt they re thoughte is more to flee than to fyght and thus they may lette more than doo eny auayll atte lest yf they be not put vndre the Rule of som good captaynes ¶ Som saye that they ought to be putte by fore all the other to gyder And som sayen nay but ought to be medled emonge the goode ¶ Yet agayne for to speke shortly by recapytulacyon of that that is couenable to be kept in the ordynaunce of bataylles after the teghyng of the noble auncyent ther ben seuen thynges wherupon the gode capytayne ought to take kepe vnto ¶ The fyrst is that he haue take fyrst the aduauntayge of the place yf he may as it is sayde a fore where as he shall haue sette hys peple in fayre ordynaunce ¶ The seconde that they be at the one syde of them shelded or paueysed with hylles that nought may lette them or ellis with the see or wyth a ryuere or som other thynge that shall lette that noon ennemyes shall conne come vpon them of that syde ¶ The thyrde that they haue nother sonne nor wynde that can combre they re fyght wyth pouldre or glysteryng The fourth that muche couenable is to them that they shal knowe yf they can the astate of they re ennemyes What nombre of peple they haue whiche waye they comme and in whyche array ¶ And what ordre they kepe For after the knowlege of the same they may ordeyne and sette hem self to the best for to abyde and to receyue them ¶ The fyfthe that they be not mated nor traueylled nor made the more feble for honger ¶ The syxth that they muste be al of one corage and purpos for to kepe the place and to be wyllyng rather to dey than for to flee awaye ¶ And thus suche men shal not be brought lyghtly vnto noo manere of dysconfyture ¶ And the seuenth is that they re ennemyes knowe not what they re entencyon and purpoos is nor what they thinke for to doo nor what cours they wyl take ¶ Neuerthelesse after that that it is sayd a boue the falles and the aduentures of the bataylles ben wondrefull and merueyllous For hyt happeth at suche a tyme as god wylle helpe that one partye and nought that other ¶ As it dyde fall that tyme whan the rommayns fought som tyme wyth the two myghty kynges of Oryent Iugurta and Boctyus ¶ For at that tyme as the hete of the sonne was so brennynge boot and so feruent that almost hyt smoldred the rommayns sodaynly rose vp awynde so myghty and so grete that the archers shot of whyche thees two kynges had foyson had as almost noo vertue and syn came a rayne that refresshed al the rommayns whiche thyng was contrary to the other by cause hyt slaked the cordes of they re bowes they re elephantes wherof a grete plente was there whiche is a beste that can not wel suffre wet nor watre a boute hem myght vnnethe moeue hem self the girdell that helde vp the castell vpon they re backes were also slaked and the castelles charged wyth water that sore combred them ¶ And by thys manere of waye the Rommayns that al redy had recoured they re strengthe by the refresshyng of the rayne dyde envaysshe so vygourously they re ennemyes that how be it that they were muche lasse in quantyte of peple yet they obteyned and had the victorye ¶ Deuyseth after vegece of vij maneres of arrengyng of an oost and of fyghtyng ¶ Capitulo xxvo· Yet after vegece in hys thirde boke in the eyght and twenti chapytre there ben vij maneres of wayes how an oost shal fight in a felde and vij maneres of ordynaunces of bataylles the whiche wayes and manere how be it he gyueth hem derkly ynoughe for to be vndrestanden but onely of suche that ben excersyced in thoffyce maystrye of armes they ben declared here as foloweth The first manere of rengynge of folke in a felde is that whiche is to be made wyth a longe fore fronte as men doo nowe but this manere of way as it is said is not ryght gode by cause that the space of the grownde muste be longe and that the oost be al stratched in lengthe and hit happeth not alwayes that the place of the felde is founde propyce nor mete so for to doo ¶ And when there ben dyches or dales or som euyll pathes the bataylle is lyghtly broken by the same And wyth this thaduersaryes yf they be eny grete nombre of folke they shall goo to the ryght syde or to the left syde and so they shal enuyrone and close the bataylle a boute wherby many a grete parell may be fall as thauctour sheweth that saythe that if cas be that thou haue more foison of peple than thin enemye hath take of the best of thy folke enuyrone thyn aduersaryes yf thou may wythin the bosom of thyn ooste Te secunde manere is beste for yf thou ordeyne by the same a fewe of thy folke mooste valyaunte and wel assayed in som place covenable thou shalt mowe haue lyghtly the victorye thoughe thyn enemye hath more peple of the whyche manere the waye of fyghtynge is suche that whan the bataylles comen for to assemble togider thou shalt chaunge thenne thy lyfte wynge from hyr place in to another to th ende that thou mayste see ferre vnto the ryght cornere of thyn enemye and thy ryght wynge thou shalt Ioyne wyth the lefte wynge of thyn aduesaryes and there by the best men of thyn ost thou shalt begynne the bataylle sharply and stronge And by grete strengthe bothe an horsbake and on fote the sayd lyfte wynge of thyn enemyes shal be assaylled of thy men that shal goo a boute shouynge and rennyng vpon tyl that they comme at the backe of thyn enemyes ¶ And yf thou mayst ones departe a sounder thyn enemyes that ben so comyng vpon thy folke wythout doubte thou shalt obteyne the vyctorye ¶ And that one parte of thyn ost that thou shalt haue withdrawen from the other shal be sure ¶ Thys manyere of bataylle is ordeyned after the lykenes of thys lettre A And yf thyn enemyes ordeyne they re bataylle after thys manere of waye and make yssue fyrst oute then shalt thou putte thy men in a longe rowe that shal marche forthe all of a fronte wyth thy wynges all in a gode ordynaunce atte the lyfte corner of thyne oost and by thys manere of waye thou shalt wythstande thyn ennemyes ¶ The thyrde maniere is lyke vnto the seconde and noo dyfference is there betwene But that thou muste sette fyrst wyth the lefte corner of thy bataylle vpon the Ryght corner of thyn ennemyes ¶ And yf thy lefte wynge is bettre than thy ryght wynge than shalt thou putte with hit som ryght strong and best fyghting men bothe
sawe lepte out of the castel and with his power strengthe ranne wysely vpon hys enemyes whiche he dyscomfyted and slewe the sayd hadrusball What shold I saye more of the stratagemes of Frontyn many full fayre ben conteyned in his boke whiche shald be longe to saye but thus muche shal now suffise except som fayre notables whiche I wil shew that be comprysed in hys boke to this propos ¶ Frontyn in hÌ„is fourth boke saith of Cesare domycius of Emilius of Scipion Affrycan of Gains scipio ¶ Capitulo xjo· CEsar sayde that men ought to vse ayenst hys enemye of the counseyl that the leches gyuen ayenst the syknesse That is to wtte of dyete of honger or euere yron be attempted Item domicyus carbulo said that men ought first to hurte his enemye by al maneres of wylis subtyltees of witte or euere that the body be exposed therto Item the emperoure emulus paulus said that it behoued to a gode capytaine of an oste for to be olde of condycions ¶ Item scipyon affrycan ansuered to one that wited hym that litel he dyde of his handes in a bataylle My moder said he childed me as an emperoure not as a fyghter that was for to saye that almanere a captayne or prynce of an ost ought to suffyse for to sette ordeyne well his folke without to putâ—e hys body in Ieopardy of strokis ¶ Item gayus maximus aunsuered to an Almanye that called hym to fight wyth hym body ayenst body ¶ Yf my liffe were noyouse vnto me I shuld haue fouÌ„de the meanes long synÌ„ for to haue be slayne Item scypion said that men ought not onely to make a waye to hys enemye for to flee but also â—o shewe hit to hym clÌ„erely And me semyth that to the propos of thes thynges may well serue that that the wyse câ—arles the fyfeth kinge of Fraunce sayde whan men said vnto 〈◊〉 that agrete shame it was that with money he recouered his fortresses that somÌ„ of his enemues held and kept from hym wrongfully seeyng that he was of might grete ynoughe for to haue recouered theym by strengthe ¶ It semith me sayd he that that whiche may be bought ought not to be bought with mannys blode ¶ In the boke of valeryus it is said of hanybal of a kiÌ„ge of grece of another in a semblable cas and of the romains that had nede of souldiours ¶ Capitulo xij Ualerius speketh to this propos in hys seuenth boke saith that hanybal of whome it is spoken bifore hated muche the ryght worthy duke Fabius maximus bicause he constrested or gaynstode hym in bataylle bare hym grete hurtes domages And bycause that Hanybal coude not lette nor greue hym with strengthe he thought to help hymself ageynst Fabyus with subtyletees wylys he wasted al the feldes about rome and all the maneres of other prynces there except them that apperteyned to the worthy knyght fabius whiche he spared and mysdide them nought to th ende that he myght doo vndrestand the rommayns by thesame that Fabius had som alyance or treatee with hym wyth this he dide yet more For he secretly wrot certeyn lettres and sent them to rome for to be diretted vnto the said Fabyus whiche lrÌ„es conteyned spake as thoughe emong they had be certeyne conuenant that Fabius shuld commytte trayson ayenst the romayns and dyde ordeyne this thinge so that the Senate of rome had knowlege therof But they that knewe the trouthe of Fabyus and the malyce of Hanybal made no force therof ¶ Item a kynge of Grece was somtyme that had enuye of the romayns and for this cause for noon other occasion he hated theym sore muche and yf they re grete myght and power had not be he wold gladly haue hurted them And so he knewe of noo waye so to doo but by barat symulacyon wherfore he feyned that te loued them well dyuerse lettres he sent hem of humble recomendacyon concernyng the grete tendre loue that he hadd to them And he sent hem worde atte laste that he desyred sore for to see the cyte of rome the noble ordynauÌ„ce that was there whan he was come to rome he was gretly receyued as he that was for a frend reputed taken But the more that he there sawe the felycyte the worship gretter the more encreaced the sorowe the secrete enuye that was hidde wythin his stomake wherof dyde growe suche an effet that he dyde so muche by hys malyce or euere he departed that the barons there he sette to a dyscordaunce and debate so that a grete sedycyon arrose anoone emongys hem ¶ And thus as he thought in hym self he myght not hurte the cyte by noo bettre manere of waye ¶ Item another that in lyke caas hated rome whan he had made stryffe and debate to be thrawen emonge the rommains that had nede of socours and toke strange souldyours for to helpe hem But whan tyme came that the bataylles shulde mete togider for to fyght the sayd souldyours departed out of the oste of the rommayns and went vpon the hangynge of a montayne for to byholde whiche of bothe partyes shulde haue the bettre that they might holde with theym whan they shuld perceyue that one partye to be ouercome But to this dyde purueye full wysely the captayne of the rommayns that sawe hys folke afeâ—de therfore For he went all along euery rowe where they were renged sayeng that suche departyng from hys oost was doon by hys comaundement of to renne vpon the enemyes whan they shulde assemble togider And thus he assured his folke and hadd the vyctorye ¶ Of the cawteles of the rommayns that were beseged in an oste of Quintus metellus kynge of Sezyle and of Hanibal ¶ Capitulo xiijo· AT that tyme whan rome was taken of the Frensshemen and that they had beseged the capitole whiche is a fortresse that can not be taken but yf hit be famysshed wherfore they kept the wayes that noo manere of vytaylles shulde be brought thither and so wolde make them wythin to yelde them self or ellis to dey there for honger But the romayns that somtyme were full subtyl in al dedes of werre for to haue awaye from they re enemyes the hope that they had of the famysshyng of hem they toke of suche fewe vytaylles as they hadd and lefte therof a grete releff about the bones whiche with dyuerse reuersyons small gobettis of brede they myngled with the fylthes and swepynges of the hons and casted altogider out of a wyndowe wherby whan they of gallia sawe this they merueylled gretly wenyng that they had be wel garnysshed of vytaylles wherfore they fell in a treatee of peas Item whan hanybal and hadrusball prynces of Cartage were with a grete oste in ytalye the rommayns sent ayenst them two dukes that ledde grete ostes whiche dukes kept maynteyned them so wisely that the two ostes of the Cartagiens coude
the gode retourneth the goode wyththe euylle Mayster now ansuere me to thys demaunde A valyaunt man of armes is taken for to serue all a hole yere soone after it happeth that he hath muche to doo atte hys hous wherfore he wol goo and takynge hys leue he sayth to the captayne that he shall putte another for hym in his rowme for to serue as he shulde hym self and to thys gaynsaith the capytayne sayenge that he had taken hym for cause of hys worthynes good manhÌ„ode and wisedome and that with peyne he shulde fynde one that shulde suffysauntly kepe hys rowme the souldyoure replycketh sayenge that certeyn a doo and besynes is come vpon hym wherby he shulde lese hys lande and hÌ„ys herytage yf he in hys owne persone were not there and that by reason he is more holden to helpe hym self wyth hys owne strengthe and wysedome than eny other wherfore he may not nor can not compelle hym to abyde The capytayne ansuereth that he is bounde vnto hym by othe vpon the hâ—ly euangilles and that a man is not atte hys owne lyberte that byndeth hym self to another Now master determyne thou thys questyon For seeynge the reasons of the sayde man that in hys place he wyl leue for hym a suffysaunt man hyt shulde seme that quyte he myght goo I ansuere the that for to determyne hys questyon grete consyderacyons must be had For it is noo doubte but that of a comyn man of armes shulde suffyse man for man but to saye that yf he were so solempne and so gretly able that wyth peyne myght another kepe hys rowme and that he shulde leue another for hym muche lesse than hym self and not able it were not reason but yf it happed that he dide putte one as gode as he thenne wol not I gaynsey hys departynge For as I haue tolde the byfore a man of armes is not maister of hym self syth that he is bounde to another by othe Therfore I telle the that suche a man shulde not be therof quyte what soeuere a doo that he hadd but that the prynce or hed captayne sholde holde hym for quytte by grace especyall and a gode reason is there For yf he had bounde hym self to paye ten elles of Scarlete and that he shulde paye in stede of that ten elles of cours kendall he ought not to be holde quyte therfore thaughe it be so that alle be clothe ¶ Whether a captayne of men of werre may chaunge and take other atte hys wylle after that they be ones reteyned ¶ Capytulo ix MAyster another questyon I make dependynge ynowh of that other aforsayde I suppose that a capytayne of whens someuere he be is reteyned in to wages for a hole yere with an hondre men that he hathe brought with him wiche 〈◊〉 made all theyr mustres and are writon It happeth 〈◊〉 monethe after he wol chaunge hys folke all or a parte therof putte other in they re places I aske of the yf after ryght he may thus doo it shulde seme ye For it ought to suffyse yf he haue a C men of armes couenable as he hathe promysed and wyth thys yf he myght not doo soo and that he had noon auctoryte therof hyt were to hys grete preiudyce For yf emonge hys nombre he sawe som euyl men and of peruerse condycyons as theues or kepynge euyll rule to the grete hurte of the other that be gode wherby he might be blamed were it not thenne bettre that they were chauÌ„ged than lefte styll in they re rowme to this I ansuere the that right is so Iuste a thynge so reasonable that hyt wol be vndrestand of euery one without wronge to be doon and therfore I telle the that the pety captayne whiche is vndre the captayne pryncypall may not godely doo this wythout the licence of his greter for yf it were soo hyt shulde lye in hym to make many extorcyons to the smalle felawes yf hyt shulde please hym that is to wite to take other for som fauoure or for coueytyse to take fro them a part of they re wages or by what soeuer wyle and to putte out thoo the bettre were soo ought he to be aduysed afore haÌ„de to take suche felawes wyth hym that it be noo nede to chaunge them And yf they muste be chaunged by som aduersyte that is in them it is hys dysworshyp whan suche he hath chosen yf it happeth all endes that there muste be chaunge made and putte another he without faylle ought not to do so with out the loue of the souerayne of the oste and that it be yet by a grete consyderacyon And yf it happeth that by hymself and of hys owne auctoryte he dâ—eth it It is noo doubte but that he that so is putte out of wages may complayne hym to the hed captayne specyally yf be a man good and able and ought to haue ryght therof And to retourne to the propos of the captaynes that be couetouse that many decepcyons and barates may doo to the smalle felawes there ben ynoughe the whyche receyue the hole payement that they kepe in they re owne handes and it suffyseth them to content and pease they re men with a lytyl thynge And paraduenture suche felawes dare not complayne by cause they re couenaunt and bargayne was so made with them for to be taken in to wages wherunto by suche meanes they be reteyned anoone whyche is a grete synne to al capytaynes that so doo For they be constrayned therfore to doo many euylles more than they shulde doo yf they were wel payed Soo shulde the hed capytayne take goode hede to suche thynges For atte lest may not the poure souldyours beynge a fote or on horsbacke men of shot or other but to haue that poure payement and salarye that they wynne puttynge hem self in parell of they re lyues and to so grete a traueyll of they re bodyes â— Soo doeth he grete synne that taketh fro them or minusheâ—h they re wages of eny thiÌ„ge also the ancyeÌ„t wolde neuer haue suffred this but they were more contentthat the getyng shulde tourne rather to the souldyours than to they re owne prouffyt For the auaylle they wolde that they had but the honour dyde suffyse them to be reserued for them self ¶ Here sheweth yf a lorde sente a man of armes for the garnyson of som fortresse of hys owne without that eny wages be promysed hym and it happeth that he is dystressed and robbed by the waye to whiche of bothe he may aske his interesses and damages or of the lorde that sent hym or of hym that so hathe dyspoylled hym ¶ Capitulo x ANother demaunde I make vnto the I suppose that a lorde hathe werre wyth another lorde so sendeth he a knight to som fortres of his owne for to kepe it without that eny couenaunt of wages he make to hym It happeth to thys knyght by the waye that hys goodes hys horses and his harneyse
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
bokes shulde brīge hym but I presuppose al wayes reserued the clauses aboue sayde For it is all by vertue of the preuyleges that scolers haue in generall scoles as is paris and other ¶ Whether a grete lorde of englande that fortunably were foūde in a forest al one as madde out of hys witte might of ryght be taken and putte to raunson ¶ Capitulo xx Another questyon I make to the swete mayster I suppose that a duke or an erle departeth out of england and cometh in to Fraunce with hys folke for to werre ayenst the kynge there whyche duk or erle happeth by aduenture to wex madde so that al alone as a fole he gothe renninge by wodes and hedges where as he is foūde by Frenshmen of armes he by a iuste qurelle may be wel putte to raunson ¶ Yf it happed that som ambassatours cam towardys the kynge of Fraunce and as they passed by Bordeawx shulde take and hyre there of englyshmen horses and cartes for to carye they re bagage Whether thees thynges so hyred myght be arrested within Fraunce or not ¶ Item whether an englysh preest myght be emprysonned in Fraūce or not Capytulo xxij Maister I wyl putte to the another questyon I suppose the kynge of Scotlande sendeth his ambassatours into Fraunce the whiche comen and take lāde atte Bordewx or atte bayōne in whiche place they hyre horses mules cartes and other thynges that they nede goo to parys with all and happeth by aduenture that they be mett by the waye of a capytayne frenshman the whiche as he is wel informed that the sayde horses mules cartes be longynge to englishe men and not to the sayde ambassatours arrested and taketh them and saith that where thees thinges be of the kynges enemyes they shal abyde as his owne and that by the right of armes he may wythholde them as that he hathe truly conquested and goten Now telle me mayster yf of ryght they ought to abyde hys or not I telle the that of ryght wryton the ambassatours or legates haue a preuylege al about where they goo that they and they re thynges shal be sure and sauffe sith that they goo to the kynge it apperteyneth not to noon of his men to lette nor trouble them who is he that more gretly is preuyleged than abassatoure for yf he were bounde to a marchaunt of Fraunce in a grete some of money He can not compell̄e hym to paye hym hys money for the tyme durynge of hys legacyon ¶ For ryght suffreth not to constrayne the Legate of a prynce or yf I helde thēne a foo mortall of myn within my powere in what manere that euere it were whiche hapli after he were goon fro me shulde kylle me or atte the lest shulde hurt me right sore yf he myght wel I wote that with al his power he shulde force him self so to doo shulde thenne be wisedome or witte within me to late hym goo thus freely from me Fayre loue to thys I ansuere vnto the that this man of whom I speke vnto the supposed that he be thyn enemye in the forsayd cas thou shuldest not awayte for to kepe hym but onely for to haue syluer of hym by waye of raunson and whan the money were payed whiche without reason thou hast receyued how moche more shuldest thou be thenne assured of hym than thou were by fore certes of nothing this seketh nor wol not the ryght of armes that men shall doo wrōge one partye to an other but all noble men ought to kepe in this bihalue the ryght of other that durste aske require to haue hit Soo telle I to the yet that the worste that to thys man myght be doon it is that men shulde make hym to swere that he neuermore shulde arme hym self aienst the kīge of Fraūce in cas that men myght not brynge hym to this that the man of armes or the towne or the countrey that kepeth hym shulde drede lest they shulde be reproued yf they yet suffred hym goo free by cause he were so grete a man that he might yet greue or hurt full sore the royalme the surest waye for them were so to discharge themself withall y◠they shulde yelde hym to the prynce whiche shulde doo of hym that whiche were best to be doon by thaduyse of his good counseyll al waies to th ende that thou wel shall vndrestande that I telle the of the frrenshman to the englishman I mene semblably of the englishman to the Frenshman ¶ Yf it happe that vpon the fronteres of Caleys be taken som olde man englishe bourgeys or other of the said towne that neuere medled with werre wether by ryght of the lawe of armes ought suche a man to paye raunson or not and in lykewyse a lytel chyld or of a blynd man C xxj I putte cas that som frenshe knyght O thou maister be poynted in armes towardis the fronteres of caleis or of Bordewx it happed that a bourgeys sore olde a man of the said bordewx or caleis be by aduenture come out for to here his messe or for som other adoo vpon the frenshe grownde where soone the said knyght taketh hym saithe that he shall be his prysoner but that other ansuereth that it is not right For in the kynge of englandes werres he neuere armed him self nor neuere went ayenst the kynge of Fraūce nor neuer gyrded swerde nor gaff noo counseill but hathe alwayes be sory for the werre whiche al weyes of all̄ his powere hathe discoūseylled that shal be proued for a trouthe with this saithe he I telle you that an olde man as I am that is not shapen to were nor bere armes nor harneis ought not of ryght to be kepte in prison soo ye may not nor ought not to take nother the goodes nor the prysoners of them that entremete not withe the werre but yf it were that they gaffe helpe fauoure to maynten the werre aienst the kynge of fraunce of theire free goode wille for yf by force it were yet shulde they be excused after ryght but of all this neither by force nor for loue I haue doon nothinge all this I wyl preue true soo demaūde I of the maister yf a man may in suche a cas be kepte in prison after the ryght of armes I telle the as aboue that veryly nay in cas that the saide excuse might be suffisaūtly proued but it were soo that he had gyuen or gaffe pertynent coūseill to the werre in what soeuer manere that it were as many an olde man doth that by his coūseill dooth muche more therto than other yong men doo by theire armes Now wel maister another manere awaie I wil spek telle me thēne a frenshmen had taken a litell childe of an englishman might he aske by ryght any raūson for hym for it shulde seme ye seen that he that may wel make the more grete a thinge may wel make
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
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
condeÌ„pned or aproued comendablÌ„e Or whether one cause be preuyleged bifore another that thys be true that suche folke whan they ben expert can determyne therof bettre than other doo the lawe cyuyll doo grauÌ„te the same the whiche saith that the aduocates are protectours rulers of al humayne folke yet is there another raison wherby it behoueth vnto them for to determine of thesame byfore all other men It is by cause that knyghtes other gentylmen are sooner moeued for to swere a fayt of armee than clerkes be this cometh to them of a statute that they â—aue amonge hem that they shal repute take a man for deshonoured ashamed without that he soone accepteth thegage of him that casteth hit vnto him whiche is an opinyâ—n yâ— is moeued as to this be halue sauf theire reuerence without eny regarde of rayson for lesse worship shuld be after ryght to him that shuld gyue or accepte a gage of bataylle for a 〈◊〉 cause or ocasyon or for folishe and nyce moeuynge than to hym that shulde refuse yt For without faylle it is noo dyssworship but rather the contrarye For to refuse not consent to eny folyshe enterpryse speâ—yally where as so dere a catell hangeth in parell as is bothe the sowle and the body And myght saye he that is assaylled and called My frende Yf thou lyste for to fyght Soo fyght thou thenne by thy self al one For as for me I wyl not be partener of thy folye The seconde rule that the prynce oughte to kepe in this byhalfe it is that thoughe a gentyl man shulde accepte the gage of another that haply were moeued ayenst hym for som malyce or for fauoure or for som prydefull wylle caused with enuye trowyng to ouercome and putte hym vndre he to be the bettre enhaunsed for the same or for what someuere other moeuyng without rayson the prynce or his lieutenauÌ„t oughte to aduyse demewrely herupon for to here vndrestande wel the wordes the manere of hym that calleth that other For som there be that wyl coloure ryght vndre a falasse by they re grete wordes are so folyshe that they trowe for to begyle god but this al to gider falleth vpon hem self with the same the prynce ought also to consydere well what the cause is that moeuyth hym therunto what manere of thynge it is that he putteth vpon the other And yf it be soo that he saith that it is for dette the prynce or som other for hym ought to aske for what a cause is the dewtee due vnto hym in what lande in what place it was made whether he hathe writynge or witnes therof or not yf it hap that it be perceyued that aparence of som proffe be there or som couloure wherby ryghtewyse iugement can be had he ought to comytte the cause in arbytrage for in suche a cas a man myght not by right susteyne nor saye that therfore shuld champ of bataylle be made It the iij rule is that the prynce ought to make hym that calleth that other for to propose by fore hys persone the cause of thaction that he hathe ayenst that other and also in lyke wyse to see that the partye deffendaunt be there examyned in presence of his couÌ„seyl where as shal be as it is said the best men of lawe and there it ought to be seen full well dyscuted and duely serched whether the partye plaintyf hath iuste cause or not and there shal euery man saye hereupon hys opynyon After whyche thynge yf it be founde soo that the cause be moeuyd by pride presuÌ„pcion or folye as who shulde saye I wol proue my body ayenst his to the dethe in a champ of bataylle for to gete worshyp or for the loue of myn owne lady or that she is fayrer than hys is suche other dyuers maners of folye Soon ought to be putte abacke thys thynge and not to be herde and to forbede that therof be not spoken more And yet more I saye that for whatsomeuer wordes of iniurie that it be yf they ben saide in an angre or in hete by suspecyon or malencolye and that he ayenst whom suche wordes haue ben wyl fyght for hit there ought not to be iuged noo bataylle wythout that he that hathe saide them wolde maynten styll the same and wolde fyght in thys quarelle To the whiche thinge yf it so happed yet shulde meÌ„ peyne heÌ„self for to modere pease eche of hem without bataylle whiche by noo wyse as it is said ought not to be enterprised nor suffred to be made nor iuged without an ouer grete fawte cause the same to be doo but ought to be forboden and letted asmuche as men can â— But yf it be soo that the matere be grete and peysaunt as it were for trayson for murdre or for som grete vyolence doon and that the partye playntyf can not proue ne shewe the same but by proue of his owne body and that the party deffendyng can not suffisauntly excuse himself but that he is gylty therof thenne thus as it is said by thynspectyon consentyng of al the counseyl ought the prynce to iuge the bataylle after that the lawe in suche a cas requyreth the whiche is suche that assoone as it is iuged though that many one ben so proud of hemself that they truste in noone other thynge but oneli in theire bodyly strengthe and care nother of god nor of his help yet ought to be there commytted som wyse men that shall shewe to them the grete parell bothe of the sowle and of the body wherynne they doo putte hem self And that they aduyse and see wel and that they wyl calle vnto them som wyse confessours for to be shryuen and that they aduyse and see wel to them self and that they of them that they may be in good astate and that they calle vnto god to help they re parte For grete nede they shal haue therof atte laste and thus oughte the sayde wysemen to exorte and admoneste them eythre of hem by hym self shewyng vnto them how thys thynge is full heuy and grete in whyche they muste dey or ellis suffre grete dysworshyp shame so aduyse he and see well to for hym self that he come not to late for to repente therof and all suche thynges that ben go ode bothe for the sowle and for the body ought the confessour to see that he can wel telle and shewe vnto hym that he shal shryue and to admoneste hym truly not leuynge hym atte the ende of the thynge where he mystreth moost to be wel couÌ„seylled specyally in tournoys of armes that in suche a cas ben couenable aswell to assaylle as to deffende and this for to doo that is to wite for to gyue counseyl there to bothe the partyes aswel to the one as to the other certeyne knyghtes oughte to be assigned vnto them that shal be expert wyse in suche arte and
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
whether euery lorde may gyue 〈◊〉 〈◊〉 ¶ It begynneth to speke of chaÌ„p de bataylle 〈◊〉 it is a ryghtwis thiÌ„ge of ryght that a man shall proue 〈◊〉 body aienst another that thiÌ„ge that is secrete not knowen â— vi◠¶ Item sheweth for what manere of cas ordeyned 〈…〉 imperyall champ de bataylle ¶ Capio· vâ—â—◠¶ Item for what manere of cas lombardys lawe ordeyned champ de bataylle ¶ Capio· ix ¶ Item how champ de bataylle sheweth representeth som what the dede of a questyon pleetable And whether it is ryght that at thentrynge of the felde the champyons gyue they re othes ¶ Capio· x ¶ Item yf it hap that one of the champyons leseth any of his armes while that he fyghteth wether men ought to yelde hem ayen or not And yf the kynge wolde pardonne hym that is vaynquished whether the vyctoryouse may aske hys costes or not And yf there be founde that a man is accused wrongfully what men ought to doo of hym that hath accused that other ¶ Capio· xj ¶ Item asketh yf a man is punyshed of a misdede proued by champ de bataylle whether the iustice may punyshe hym vpon a new therfor and yf one calleth another to a champ whether he that calleth that other may repente him self of his callynge atte his owne wylle ¶ Capio· xij ¶ It deuyseth to whiche thinge a kynge or a prynce ought to see to bifore that he iugeth eny champ de bataille what counseill men ought to giue to them that shal befight eche other ¶ Capio· xiij ¶ It whether batailles may be doon after right vpon a holy day or not whether the lawe holdeth that men may saue hemself in excercyting thoffyce of armes And whether clerkes may or ought after the lawe go to a bataille C xiiij ¶ Item beginneth to speke of the fayte of blasonnyng of armes whether euery man may take of his owne auctoryte suche armes as he wyl ¶ Capio· xv ¶ Item in what manere a gentylman may chalenge another mannys armes and in what manere not C xvj ¶ It of the armes penoncelles and of the colours moste noble that apparteyne to the fayte of blasonnyng C xvij ¶ Here begynneth the foureth and last part of thys boke ¶ In the first chapytre demauÌ„ded Crystyne yf a lorde sendeth a saufconduyt to another his enemye and that the saufconduyt speketh but of sauf comynge whether after right he may arreste hym atte his gooyng hom ageyne Capio· j AT the begynnyng of thys fourth part of thys boke ryght dere master I wil entre in to another dyffereÌ„t purpos of werre dependyng of that whiche is afore said that is to wite in to a manere of assuryng whiche is giuen to them that goo and come from a contrey to anothâ—r that haue werre to eche other whiche assuring men calle lettres of saufconduyt wherof I wil first make vnto the suche a demaunde I putte cas that a baron haue werre with a knyght of the whiche werre the frendes of bothe partyes reyne hem self for to make a goode peas wherfore the saide baron sendeth hys lettres of saufconduyt to the sayde knyght vndre whiche he may com towardis hym sendeth to hâ—m worde with all that he may com surely the knyght trusting vpon the assuryng of the same lettres cometh to the sayd baron but whan they haue spoken bothe togyder and that the knyght wyl departe the baron doeth arreste hym and sayth and proposeth that he is hys prysoner For he saythe ye be atte werre wyth me as euery man knoweth well wherfor I may take you atte myn aduauntage where someuere I can fynde you that other ansuereth that he may not doo soo For the strengthe of his owne saufconduit deffendeth the same the baron saith that this helpeth him not for bicause that the saufconduit speketh onely of the coming thither not of there tournyng ayen wherfore he doo him noo wronge yf he kepe hym Soo demauÌ„de I of the whether the baron hathe a gode cause For it shulde seme ye seeyng that hit suffiseth emonge enemyes to take heede to the tenoure of the lettre vpon that whiche is wryton sith that the knight hathe be so folyshe that he vndrestode not wel that whiche the sayde barons wrytinge conteyned it is not without reason yf he bere a penaunce therfore For it behoueth in fayttes of werre as thy self hast said here byfore to vse of cawteles for to deceyue eche other late kepe him self that may I telle the fayre loue that thou myssest in thy sayeng in this byhalfe For yf it were as thou saist ouer many Inconuenyentes shulde folowe therof and therfore the lawe hathe purueyed therto that deffendeth expressely that noone shall deceyue by wordes of fallace nor cawtelouse For shuldest thou trowe theÌ„ne that a man shulde be herde atte a Iugement for to saye I haue solde to another an hondred pownde worthe of lande and fayre and well I haue delyuered hit vnto his handes wherof he is holden vnto me in suche a som of money that he moste paye me for semblably of other suche thinges of the whiche as wel I telle the shulde not be reputed nor taken in Iugement but for a trifle or a mocke and the man begiler that wolde vse therof shulde be punyshed therfore And therfore to oure propos what that for to take awaye all scrupulenes a man ought neuer to trust in suche lettres without that it be wel expressed of sauff gooyng and sauffe comyng ayen and also of sauf abydyng of al the other circomstances that bylongen therunto how be it that the lawe wol not that the malyce of the frawdylouse deceyuer take soo straytly the symplenes of hym that gooth thus vpon and vndre the termes of gode feythe ¶ Soo ought to be vndrestande the saufconduyt th entent of hym vnto whome it is yeven By the whiche saufconduyt he holdeth hym self sure aswel for to abyde sauf as for to goo retourne ayen sauf otherwise it were noo saufconduit but it shulde be treason that ouer gretly were to be blamed suche is the certeintee therof NotwistaÌ„ding it may be the som in dede without right nor reason haue vsed or wolde gladly vse therof whiche ought to tourne them in to grete vituperye and blame but euery man hathe not the power for to doo al the euyll that he gladly wolde doo ¶ Yf a knyght or som other gentylman had a saufconduit for his persone for ix men with him whether he myght vndre coloure of the same take wyth him in to the countrey of enemyes som grete lorde in stede of one of the ix men Cij Syth that we be entred in matere of saufconduytes an suere me now of another question A knyght of englond hathe a saufconduyt of the kyng of FrauÌ„ce for hym for ix other with him on horsbacke for to câ—mâ—n to Fraunce for som adoo he hathe there it happeth