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
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
there his espies subtylli for to enquere vndrestaÌ„de the purpos of his enemyes what they re way be by theire reporte made vnto him what folk in nombre his enemyes be to the regarde of the quaÌ„tite of his owne ost what manere of folke they be what his owne how stroÌ„g how they are armed which of bothe ê‘ties is bettre horsed what appareill ordynauÌ„ce they haue what comynaltee they haue of what nacioÌ„ what socours of whens it may comÌ„ aswell to his 〈…〉 and what aduauntage hath the one partye more than that other And herupon he shal take thaduis and oppinion of dyuers chyualrous wyse and gode captaynes that shal be of his counseil olde and gode true men of gode sadde counseyl and expert in faytis of armes Nor he shal not do nothiÌ„g onely by his owne heed but shal make his entrepryse after thaduys of many men by whos regarde and direction he wyth them shall conclude by gode delyberacyon that whiche is best for to be doon to gyue bataille to his aduersaryes or not soone or late or whether he shall abyde and tary tyl his enemyes com to sawte his and hym kepyng alwayes gode watche and euery man at his warde for to deceyue by some cawtell hys aduersaryes But and yf he can knowe hys enemyes to be waytyng after eny socours he shall make haste to fyght wyth them And yf he hym self abydeth for socours he shall tary yf he be not able hauyng alweyes gode kepe and gode watche and to see that althyng be redyly prest at hande to th eÌ„de that at they re mete or by night tyme they be not ouercome vnbeware For as the mayster sayth in moost surete is ofte woned to fall grete peryll And therfore ought the hed captayne yf he see hys tyme to assaylle hys enemyes whyle they be at mete or a slepe or ellis when they be traueylled and wery of the waye or ellis when they re horses taken they re pasture they re fode whan they thynke to be moost sure For to them saith he that be so ouertaken neyther vertu nor strengthe maketh noo force to them nor multytude of peple may not proffyte hem But hym that hys ouercome in a bataylle How be it that hys wytte in the arte and vse of armes myght not that tyme profyte hym Natheles in hys wrathe he may complayn vpon fortune But he that vaynquysshed is or hurt by the subtylnes of his ennemye can blame noon but onely the deffauwte of his owne self For he myght haue eschewid hys hurt yf he had be as kepefull and dyligent to kepe hym self as his ennemye was for to make a surpryse vpon hym O how wel shewed that of wyse assayllyng or sawtyng was a mayster that valyaunt scipion of affryke whan that he so moche dyde that he fonde a waye and a meane by myght that al the lodgys of hys enemyes were sette al on a fyre and soone after ranne vpon hem so sharply that they wist not wher at they shuld a wayte nor take kepe and thus they were dysconfyted more by abaysshment than by armes And this purpoos of espyeng of enemyes vegece sayth that much proffytable a thyng it is in an ost to haue wise espyes that can wel fynde the wayes to lerne and vndrestande the couuyne of the aduersaryes For suche can entremette hem self by yeftis or grete promesses and by subtyl wayes to drawe to them somme or many namely yf they may that be of the counseyll of that other partye so that they knowe what is they re entent and purpoos for to doo And by thys may the chyef captayne see what it is best for hym to doo And wyth this saith yet vegece that muche it proffiteth to fynde wayes who may to make disceÌ„cyon emong the enemyes and that they dysdayne to obeye to they re capytayne of whyche the condicyons men ought for to knowe to take hym who may thrughe hys owne maners of dealyng herof ought the wyse capytayne to be wel aduysed for noo manere of nacyoÌ„ how litel that it be can not in all thyngis be putte a doun by enemyes wythout it be that dyscencyon and debate hap to fall emoÌ„ge hem self seÌ„blably the duc or captayn that so shal sende out his espyes shal take gode kepe that he hiÌ„self be not nor his couine discouerd and ther fore right al thus as they that goo by the see that know not the paryllous passagis that be there in dyuerses placis costes of the same wyl haue all suche parellis paynted in parchemyn or paper for to eschew them as they shal saylle So in lykewyse the captaynes and leders of oostis ought to knowe the wayes the passagis the mouÌ„taines the forestis the wodis the waters the ryuers and the narowe passagis where as they must passe And how wel the gode captayne be wel enformed of all this yet for fere of fallyng in this caas he shal take with hym yf it nedeth suche of the countre to lede his oost that can the wayes wel The which so taken wyth hym shal make them to be so wel kept that they may not scape to th ende that they haue noo space yf they wold to betraye the oost Soo shal he gyue hem money and shal promyse hem a grete reward yf wel and truly they lede hym and his oost And by thretnyng he shal also â—raye hem yf they doo the contrary And straytly shal commaunde the hed captayne to them all that be of his counseyl vpon they re othe that they shal vttir nor say what waye he purposeth to goo nor where he thynketh to lede his oost nor what his purpoos is to doo For vnnethe wythout ony traytours is ony oost And harde it were that there as grete quantyte of folke is gadred to gidre namely where grete foyson of strangers be that they alle sheld be of a gode coâ—â—agâ— But he oughte to â—orte that noo thyng of lesse suffraunce is in the world to pryncis lordis and heed captaynes of an oost â— Than they that be knowen suche euyll reward they ought to haue for what soeuer trayson that they doo wel shewed this the romayns to them that traytoursly slew Centoryus they re lord by cause that 〈…〉 it he was a â—ommayn he had made grete werre ayenst them of rome for despyt and enuy that he bare to other prynces of the romains But whan the traytours cam for to haue receyue they re reward dethe was to them â—ouen for they re payement and was told hem that suche reward ought to haue al suche traytours It is semblably wryton that king alexandre dide so to them that thought to haue a plesure of hym that slew king darnis they re lord With this he shal coÌ„mytte also suche of his that be gode true and wel horsed to serche a fore there for to take kepe that the oost â—e not aspyed
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
for he sent them full soone agayne made wordes to be noysed about that the said kynge had sent hym worde as to his frende that he shulde soone go to hym Item xertorius foughte ones in a bataylle where one cam tolde hym that his constable was slayne but to th ende that his folke semblably shulde not knowe of hit wherby they shulde be a ferde he slewe with a spere that he helde the messanger Item in the tyme that hanybal descended in to ytalye for to goo vpon rome thre thousand carpenters that he ledde with hym fled from his ost vpon a nyght and whan he knewe it bicause his folke shulde not be putte in noo feere nor abassed therfore He made wordes to be cast throughe â—ut hys oost that they were soo goon by hys comaundement and for to gyue credence and feyth to thees wordes he sent yet dyuers other awaye that he knewe sholde doo lytel good and that were symply armed Item a tyme that Lentulus had assembled a grete oost for to be fyght hys enemyes and had taken in his companye a cohorte of macedonyens for to helpe hym a cohorte is vj C lxvj men But when he trowed to haue ben holpen of them they dide aduyse hem self soone and out of hys oost departed and went to that other partye And when Lentulus that dyuers many tournes of armes knewe saw this he was not abahysshed but coude wel take hem by they re owne barat and also to th eÌ„de that his oost shÌ„uld haue noo feere therfore he made to be noysed a bout that for the nonys he had sent hem bifore for to medle and assemble fyrst with the enemyes And for to gyffe a bettre byleue to this thynge he departed soone and folowed theym wherby it happed al in effette that wher fore he dide soo For the aduersaryes that sawe the macedonyens comynge wende that hit had be trewe and that they had come ayenst theym for to haue the first bataylle tourned toward them and bygan strongly to lanche vpon them and so of force they muste make deffence whether they wolde or not And Lentulus was atte that other parte that in the meane while enuaysshed hys enemyes and by thys manere of waye he had the said Macedonyens to his helpe whether they wolde or not in so muche that he had the vyctorie ¶ Of Acoriolo duke of Dace of Fuluyus nobilius of Pamynodas of Fabyus maximus of Scypion Affrycan the second of Xertoryus and yet of Pomodas duke of Athenes ¶ Capitulo vjo· THat tyme that the rommayns were in dyscencyon the one ayenst the other and duryng the cyuyle werre where dyuerse natyons had syn the tyme of they re prosperyte conceyued a grete enuye and dysdayne ayenst theym semed by especyall to them of dace that the tyme was come that they might wel renne vpon hem And where they had dyuerse tymes admonested byfore thys they re duke Acorâ—alo for to doo soo whiche wolde not be agreable therunto he atte he last by cause that they pressed hym so sore and for to gyue hem a knowlage by an example dide make dyuers dogges to be brought byfore hym in a place byfore the palays and were sette that one vpon that other in so muche that they bigan strongly to be fyght eche other But in the moost strengthe of they re bataille when it semed that they were moost angry and fyers that nothinge coude departe hem he made a wolffe of whiche he was purâ—eyed a fore to kepe emonges hem assoone as the dogges sawe hym they lâ—fte the bataille that they had togider emonge hem and they al of one acoorde runne a noone vpon the wolffe and by this example shewed the said duke to his men that what soeuere awerre that eny nacyon haue emonge eche other they shall not suffre therfore that a strauÌ„ger shall hurte hem but rather they wold make accorde togider for to â—eÌ„ne vpon hym ¶ Item Fuluyus nobilius hed capytayne of the ost of Romayns fonde hym self ones so nyghe taken by them of Samoys that nede and force was to hym for to abyde the bataylle of the whiche thinge by cause that he knewe wel that his folke were sore a ferde by cause that they re enemyes were of more quantyte than they were he dyde aduyse hym self for to take awaye they re feere by thys cawteâ—â—e He sayd vnto hys folke and made hit to be cryed and publyed thrughe al his oost that he had tourned vnto hym for money the hertes of a hole legyon of the Samytes And that they shuld Ioyne with hym whan the bataylle shulde begynne for to helpe hym ¶ And by cause they shuld byleue bettre thys thynge he borowed of theym al the golde and the syluere that they might make as though hit had be for to prepare the said folke A legion of men is in nombre vj thousand vj C lxvj So it happed that for hope of this the romayns toke so grete a boldnes in theire corages that they enuaysshed hardyly prondly ranne vpon they re enemyes whiche they fonde al ynoughe dyspurueyed by cause that they preysed hem so lytel setted nought by them for cause that they were so fewe folke to the syght of theym and so the romayns vaynquissled the Samytes and gate the felde vpon hem ¶ Item Pamynodas the worthy duke of Thebes shulde ones fyght ayenst theym of Lacedemonye So dide he see in hym self for a subtylyte wherby the strengthe hardynes of corage might growe in hys men He made hem al to come byfore hym and sayd thus al ahighe in audyence that he wolde aduise hem of that that to his knowlege was come for a trouthe It was that the Lacedemonyens had ordeyned affirmably that yf they had the vyctorye they shulde kylle and slee al the men and the women of Thebes and that they shulde dystroye the cyte and shulde take the chyldren in to thraldome perpetuelly For this denoncyacyon they of Thebes moeued with grete yre anger dide fight sore as men that sette nought by they re lyues and ouercame the Lacedemonyens that more folke were without comparyson ¶ Item Fabyus maximus shuld fyght ones ayenst hys ennemyes and was hys oost enforced ryght wel with pales and of stronge lodgys wherfore he doubted that hys folke shulde not fyght strongely ynoughe for cause of the places where they had they re wythdrawht and refut were so sure And therfore he made to be sette all a fyre or euere he began to fyght ¶ Item whan Scypion the seconde Affrycan conduytte hys seconde oost in Affryke hit happed hym to falle to the grounde whan he yssued out of hys shippe he soone behilde the contenaunce of his folke perceyued that they toke this fall for an euyll token that they were al redy as dysconforted therfore Thenne aduysed the ryght wise werryour in hym self of a wise worde for to saie wherby he myght gyue surtye to hÌ„is peple
of many thynges pertynent to hys offyce yet I desyre to here more therof of the fayre loue to this I ansuere the that fayre and well thou haste sayde therof ¶ Yit mayst thou adde therunto other auctorytees that the lawes gyue hym wyth the charges that apparteyne to hym that is to wite to gyue licence to his men of armes for to go where it is nede aswell for they re owne besynesses in tyme couenable as for the fayt of yâ— werre with out whiche licence they owe not to vndretake noo thynge Soo it apperteyneth to hym to comytte them here and there to the proffyte of the werre after hys gode aduyse and the counseille that he hathe and to hym apperteyned to gyue good kepe that fro the countrey noo man of werre departe for to goo som els where without the lordis leue And ought to kepe the keyes of the castelles and of the townes there as be gooynge to the werre hathe lodged him self Item to hym belongeth to comytte and ordeyne them that shall kepe watche in the oost and to take dyligeÌ„tly kepe vpon al the his what mesure of corne and of wyne that the weyght all suche thynges be there Iuste and to punysshe them that falsly vse of the same Item to hym apparteyneth to here vndrestonde the debates questyons of them of the ost to Iuge therof dooyng ryght to euery one be it gentyl man marchaunt or other that to hym doeth complayne vpon ony of hys Suche and many other ben that long were for to saâ—e whiche behouen to a hed captaine But with this for to lerne the bettâ—â— I wil saie the cases after oure lawes wherby the men of werre may renne in to peine capitall the lawe saith that â—e that smyteth the captaine by euyl wille ought to lese yâ— hed like wise he ought to lese hys hed whiche is rebell gainsainge in ordynauÌ„ce of a bataylle It semblably he that fyrst renneth awaye fro the bataille yf the other abide stylle there It he that is sent as for aÌ„baxatoure to the aduersaries or for to aspye them yf he openeth or by eny waye declareth the secretes of his partye It he that excuseth him self by a made vntrewe escusacyon by cause he wol not be atte the bataille with hys lorde Item he that deffendeth not to hys power his captayne yf he see other that assaille hym It who that departeth fro the ost without leue for to make other armees renneth also after the lawe in to peyne capitall what someuere other gode or fayre acte that he make other where It that letteth that peas be not made It that procureth that in the oste be dyscencyon and mortall ryote made Item that steleth or robbeth the prouysyons of the oste ¶ Whether the vasselle is holden after right for to goo in hys lordys werre atte hys owne costes ¶ Capitulo v By cause that it is of costume that euery kynge or prynce or lorde doo sommone or calle his vassell for to be hys aide in faitte of werre I aske if the saide vassell is holden for to goo after the lawes to the callynge of his lorde and yf it be thus that he is bounde for to do so whether it ought to be atte hys owne expenses and costes or atte the costes of the prince or lorde dere loue for to ansuere the bettre to thy demaunde it behoueth to aduise see what thynge conteyneth the othe of fydelyte that he maketh that entreth in feyth of som lande or possessyon moeuable in fee from som lordis lorshyp so ben there thenne six pryncypall couenauÌ„ces after the decret lawe cyuyll The first is that by hys othe he shal neuere pourchasse that day that he lyueth the doÌ„mage of his lorde Nor in noo place he shal be to his knowlege where it is machyned nor purchassed The ij is that he shall neuere dyscouere nor telle his secret of that thynge that to hym might be preiudiciable the iij that he shal be for hym in al manere of cas iuste good and reasonable ayenst all men exposynge bothe his body and hys powere atte hys nede in fayttes of werre well and truely atte al tymes that he shal be requyred The fourth that he shall neuere be consentyng to the domage of hys goodes possessyons nor herytages nor ayenst his we le ¶ The fyfth that yf it happe that his lorde haue to doo of hym of eny thynge that he goodly can doo he shal not excuse hym sayenge that ouere stronge and to dyficyle it is to hym for to doo The vj that he shall not seke noo waye for to excuse hym self for to lette that he shal not goo to hys lorde atte hys commaundement and callynge Suche ben or ought to be after the decretall and cyuyll ryght the promesses by feythe and other made of the vassall to hys lorde By the whiche promysses hyt appyereth ynoughe that the vassalles be holden for to be with theire lorde and for him in hys werres and to serue hym wel and truly with all theire puyssaunce vndre thoblygacyon of lesynge of all they re laÌ„des that they holde of hym as forfayt to the souerayne And as god sayth in the gospell who that is not with me is ayenst me so ought to be reputed to be ayenst they re lorde thoo that faille hym in thys behalffe And therfore they ought to be dyspoynted of the landes that they soo holde but neuerthelesse noo lawe byndeth them not that they atte they re owne costes shulde serue but to the lordes owne propre wages without it were that the lande were bounde so to doo of auncyente As it is of certeyne townes that at they re owne costes and expenses be holden to serue they re prynce durynge certeyn space of tyme of som quantyte of folke in hys werres And good is there the reason why they ought not soo For why nor for what occasyon shulde the lorde take the lences of hys landes vpon the men and many other charges but it were for to maynten hys estate and putte in tresoure for to susteyne with all hys werres yf nede be to hym but not therfore without faylle yf it were so that the lorde had nomore wher with to maynten them and that his demayne suffysed not and had necessyte specyally for to kepe and deffende hys lande hys subgettes of ryght are holden to sette a subsydye vpon them self or ellis to gadre them self togyder tyl a certeyn nombre all appareylled in armes for to helpe hym atte they re owne expenses And in cas that they were not wyllynge so to doo they may be of ryght constraygned therfore specyally yf the enemyes were come vpon his lande to renne vpon hym For after the lawe deffensable werre ys preuyleged moche more than is the werre offensable But trouthe it is that yf a prynce or lorde had nede to take suche ayde he ought to kepe wel that it be not to the vndoynge of
cause it is by cause that suche grete bataylles are entreprysed by delyberacyon of a grete counseyl and Iuged of the lordes soo behoueth there noon o the But to suche a partyculer werre the prynce can not knowe so wel the certeynte of the quarelle and therfore he wil take of them they re othe vpon that whiche they vndretake to proue by they re bodyes Soo calleth hit the lombardyshe lawe the hed o the thys othe that thou knowe is of the nature of the othe of calengyng whiche ought to be taken atte the begynnyng of al manere of plee where as the party playntyff swereth that his action is rightwys gode and after that swereth the partye deffendauÌ„t that his deffenses be true and euyn thus it ought to be doon in a champ of bataylle But to th ende that thou shalte vndrestande there is a crafte for to take suche an othe For yf he that called that other swereth absolutly ayenst the other of that thynge wherof he is not wel certeyne as thoughe I suere vpon the holy gospel that thou hast mordred or made to be murdred my fadre or my broder and al weyes he is not therof wel certeyne For he hathe not hit wel seen but it may be that he shall haue herde saye the same or for som coloure he shal haue a suspectyon therof suche an othe is folisshly made For noon oughte to swere absolutly for a thinge but that by his owne eyen he be sure and certeyn that it is soo and for thys cause may be his quarell nought For he forsuereth hym self yf it be not as he sayth But it is otherwyse of the partye deffendauÌ„t â— for he can not be ygnoraunt of the quarelle for well he doth knowe yf he be coulpable of the dede or not and therfore his quarell is bettre in cas that he fele hym self pure cleue therof but yf he wilfully doo for swere hym self muche more is worse his cause than of hym that weneth to saye trouthe wherfore for to be more certeyn and in surete to haue a good quarelle the party playntyf that is to saye he that calleth that other whiche is party deffendaunt ought to swere onely without mâ—re that he holdeth stedfastly bileueth that that other hathe kylde his fader or hathe doon to hym thyniurye wherfore he calleth hym to bataylle by thesame shall his quarell be the bettre Soo ought he for to saye bifore the prynce the cause why he his so moeuyd and the manere of the cas the prince thervpon ought to be wyse for to see and aduyse by the 〈◊〉 constances yf this that he saith may be true or not for yf the cryme or mysdede had be doon the day afore nyghe the park of vycenes and that he that of the same is accused cowde brynge true proues that all that day he was ferre thens he ought not to gyue noo feyth to suche callyng vpon that whâ—che were impossible so ought the prynce therfore wel to aduâ—se that the quarelle be iuste or euer that he iugeth hit acceptable and not to here all them that calle other thrugh folysâ— moeuynges and dotyng opynyons For many there be so litell wise that they wolde folyshly expose hem self to thesame for noo cause atte all or for litel occasion and they shulde wene that it were a fayre dede doon of hem bicause of theire lytyl consyderacyon And it is noo pyte whan it falleth euyl to them but of that other partye is compassion for they must deffende hem self and yf they doo it not after the vse of armes men shulde gyue hem blame and dysworshyp therfore ye after thopynyon of the yong folk not wise in this caas And I aske of the yf yt happed that bothe the parties wolde be fyght eche other in a playne felde or ellis without the presence of the prynce shulde he suffre it I telle the nay For it is a thinge wherof the knowlege longeth vnto him for to gyue hys Iugement vpon the same and ayenst the prynce in this caas may not they re owne wille make noo prouydence but that the sayde lorde or he that is commytted and ordeyned and also they that must kepe hem muste be there present by cause they shal be there sure of all other personnes nor noo man in the worlde ought not to say there nothyng vpon peyne to be gretly shent without it be by the kynge or prynces maundement that ought to iuge att latter ende whiche of bothe is ouercome or vyctoryouse ¶ Asketh xprystyne yf it hap that one of the two champyons lese som of his armes be it swerde or other thynge whether men ought of ryght to see hit restored ayen to him ¶ Item whiche of bothe ought to enuahyshe fyrst Item yf the kyng pardonne hym that is ouercome Whether the vyctoryouse may aske hym the costes that he hathe doon cÌ„ ¶ Capitulo xj MAyster I aske yf it falle soo betwene two champyons that befyght eche other within a clos felde that the one of hem breketh the swerde or the axe of that other or casteth hit ouere the pale For I holde well wyth all that they doo the worste that they can one tyl other supposed that thys man had none nother axe dagger nor mayle nor noo wepen to deffende hym wyth all Whether by rayson men shulde delyuere to hym other harneyse deffensable For syn it is in the manere that thou hast sayde that is to wyte that the armures Inuasyble and also deffensable are fygured and taken for wyttnes and proues wher wyth all men may help hym self in plee cÌ„ It shulde seme that men ought to delyuere and yelde hem new harneys ayen yf they require to haue hit For yf it were so that for to proue good myn intencyon I had produced and brought som wytnesses whiche I suppose shulde faille me by dethe or otherwise I may yet brynge forth many moo why theÌ„ne yf this champion hath not mowe proue hys inteÌ„cyon by the same swerde or other wepen of hys may not he haue another Fayre loue soothe for saye after the rayson of suche ryght as he awayteth ther to a grete consyderacyon ought to be had here for to iuge of the same For a grete dyfference is there yf the swerde is by aduenture falle from hys hande or yf that other hathe taken hit fro hym or broken or cast out of the clos or yf by folyshnes he shulde lese hit and lyke wyse of hys other harneyse But yf the swerde by aduenture brake by the strokes that he hym self shulde gyue wyth all and not by the effort or strengthe of hys aduersarye and that he had nomore weren for to deffende hym self and that by suche manere he had lost it all Without faylle som maystres sayen that men shulde do hym wrong but that they sholde gyue him other harneyse but selden it happeth a man to entre in to a clos felde wythout that
good customes of the place or couÌ„trey but yf som other synne letteth hym his sowle is not a greued but a right gret meryte he hathe therby suche may the cas and the quarelle be that he goeth right forthe in to paradyse by and by And it is determyned that he that exposeth his lyffe for to deffende iustyce deyeth well a good dethe as it is for to fyght in a iuste quarelle for his kynge or priÌ„ce for the countrey and for the peple whiche his a merytoryouse dede But the thirde conclusyon is contrary to the same that is to witâ— that yf a man deye in a bataille whiche were ayenst hys conscyence that is to wite that he shuld thynke that the quarelle were not goode and that it were doon but for to vsurpâ— and take the ryght from another that shuld â—are for noone other but that he may robbe and take and gete his wages without faylle yf suche a man hathe noo leyser to haue repentauÌ„ce at hys last endyng we coude not presume that he were in waye of saluacyon Late therfore kepe hem wel that therto putten hem self For bothe the body the sowle they putte in grete pareyll yf they doo gyue hem self for to susteyne a false quarelle And to this ought straunge souldyours to take gode hede But many there be that make noo force of the quarelle soo that they be well payed of they re wages and that they may wel robbe But suche folke doon moche worse are lesse to be excused than be thoo whome it behoueth be it right or wronge vpon peyne of losyng of they re landes to be with they re naturell and souerayne lorde how be it that they oughte with all they re power yf they dide fele that they re lorde had wrong to putte hem self in peyne and in her deuoyre for to lette and dysmoeue the werre thou hast spoken ryght well gode mayster but I praye the telle me yf clerkes or men of holy chyrche oughten or may go goo to a bataylle without that they shal mysprise hemself I telle the that oure doctours maken herof many questyons after the opynyon of som they may goo with deffensable armes and not inuasible that is to wite as to a cas of deffense and not for to enuayshe And other sayen that they ought not to come out of they re place for noo manere a cas but onely is permytted to them the deffense of the cyte fortres or manoyre where they be in vpon the walles or at som wyndowes for to deffende hem self with gode stones with suche staues as they haue without shot of yron and other sayen that they may vse of al manere of armes aswell without forthe as within and not tary tyl they hem self be enuahished for a man must somtyme offende another yf he wyl saue hym self and not abyde that he be offeÌ„ded for suche myght be the taryenge that men shuld come to late for to putte remedye therunto another oppynyon is holden that atte the maundement of the pope whiche is souerayn aboue all clerkes they may doo bothe the one and the other And other seyen that the bysshopes other clerkes that iurydsyctyons of landes and of iustyce doo kepe and holde of the princes as of the kynge of Fraunce holden many prelates theâ—â— temporaltees are holden for to goo to the werre with theire lorde yf he wyl and by especyall suche prelates as be of the peres of FrauÌ„ce the whiche may well saye to the men of werre that they take folke and putte hem in pryson but not that they shalle slee noone For thenâ—e irreguler they were And by noo manere it apperteyneth hem not for to smite nor fyght with any man but yf men wolde smyte vpon hem For there nys bishop nor prelat but that he may deffende hymself Iustely in caas that he were fyrst enuahysshed without that he were irreguler therfore namely yf he slewe som body but for to saie that men of the chyrche shal be armed to fight nor specyalli they to be in a felde this is not of right ¶ Begynneth to speke of the manere of armorye whether euery man may take armes atte hys wylle ¶ Capio· xv Mayster without faylle I see and knowe that more grete is thy wytte in concludyng soyllyng proprely to the trouthe all questyons than myght be the Importunytee of myn ignorauÌ„ce in reformyng of dyuerse argumentes where al ynoughe may suffyse wythout I trauaylle the ony more that whiche thou hast declared to me of the ryght of armes yet a worde yf it please the for to make me wyse of som thynges that al ynoughe doo depende of the precedentes that is to wyte of the ryghtes of armes after the whiche demaundes bycause it shal not thynke to the ouer longe I shal take an ende in concludyng my boke vpon thesame It is that thou telle me of the faytte of the badges armes baners and penoncelles that lordes and gentylmen haue and be acustomed for to were and to doo them to be paynted sette vpon they re garementes whether euery man may take and bere them atte his owne wylle Dere loue of thees armes that by noblesse were fyrst founde by cause that the lorde in a bataylle myght be knowen by his armes and entresygnes I shal ansuere to the thou oughtest theÌ„ne to know that in thees armes as for to saye in general ben there thre dyfferences whether the somme were made ordeyned of olde tyme for thestate of the dygnytees and not for the persones nor for they re lygnage as is the sygne of the Egle the whiche is deputed for the dygnyte Imperyal wherfore who someuere is emperoure ought to bere the same Item another manere of armes there be of office lyke as we saye Capytelers of Tholowse the whiche duryng they re offyces doo bere armes the whiche ben of olde deputed and ordeyned for thesame offyce SeÌ„blably the Consules of Mountpellyer where namely yf eny assemble were there made of armes noone other armes they myght not bere but suche as ben deputed to they re offyce of consulate wythout that they wold be rebuked for and they shulde not be suffred Semblably in dyuerse places ben appropred one manere of armes It the seconde dyfference of armes Is of suche as come purely by sucessyon of lynage vnto kynges dukes marquyses erles anb other lordis lyke as the Flourdelyse for the house of FrauÌ„ce the Lupardes for the house of Englond and of al other kynges and in likewise of other lordes lesser as is the Ermyne for the duk of bretayne the white crosse of siluere for the Erle of Sauoye thus of other lordes be it Dukes marqueses Erles or other of whens that they be of thoos specyally ought noon to take they re armes yet maist thou see that men knowe al weyes the hed of the lordship by cause he bereth the playne armes of thesame with out
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
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
as is warre bataille lyke as it shal be said her after for ther is no faulte made in ony caas lasse repayrable than that whiche is executed by armes by euyl gouernyng of bataille what shal theÌ„ne doo the wise prynce to whome shal be of necessite for somÌ„e of the caas aforesayd tempryse warre or bataylle first to fore all thyng â—e must be holde take hede what puissauÌ„ce or power he hath or may haue as moche people as of synauÌ„ce money without the whiche the two pryncypal thynges to be wel garnysshid surely it is folye tentrepryse ony warre for aboue alle thynges they ben necessarie in especial moneye for who that hath money ynowh wylle enploye it he shal alleway fynde ayde helpe of men ynowh more than he wolde wytnesse of the warres of ytalic in especyal of florence of venyse other places yâ— whiche comynly fyght more with theyr money than they of the contree And therfore wythoute payne and vnnethe may they be vaynquysshed And it shold more auayâ—le and be moche better to a prynce yf he fele hym not wel garnysshed of tresour or of ryche subgettes full of good wyll to ayde hym to make somme trayttye with his enemyes yf he fele hym self assaylled Or for to deporte and forbere tempryse warre Rather than to begynne yf to mayntene it he hath not wherof For be he all certayn that yf he entrepryseth in hope to take more of his subgettis than they may bere ayenst theyr wyll it shal encreace the nombre of his enemyes so sholde it be to hym lytil prouffyt for to destroye the strange ferre enemyes for to gete pryuee nygh enemyes for it is to wite that the prince capitayn ought not despyse noo puyssauÌ„ce of enemyes though it seme to hym but lytil for he may not knowe what fortune the other shal haue for hym self as it is wreton how that ther was a shepherd named vriacus to whom fortune was so propice that she helde him in puissauÌ„ce with grete foyson of theues pillyardes whiche he had assembled for to make warre to rome whiche was so myghty by the space of xxiiij yere that he dyde moche grief to theym And ofte tymes vaynquyssed in bataille the romayns myght neuer destroye hym but fynysshed his lyf by one of his owen men whiche slewe hym and therfor to th ende that he be not deceyued he shal asseÌ„ble to counsâ—il the foure estates of his contree whiche ought to be called or he emprise so chargeable a thyng that is to wite thauÌ„cyen nobles experte in armes whiche knowe what the fayt of warre mounteth Item the clerkes legystes by cause that iÌ„ the lawes ben declared alle the caasis of whom ought to sourde iuste warre as many ensamples we haue to this purpoos Item the bourgeises by cause it is of necessite and by cause they parte in the myse and tresour whiche therto by houeth as said is and that they take hede to the fortificacoÌ„n of townes cytees and enduyce the mene people to ayde theyr lord Item somÌ„e of the men of Crafte for more to honoure the sayd peple And that they be the more enclined and the better willed to aide their lord with their goodes of whiche thing they ought alle to be swetely prayd O how is that a proffitable thyng in seygnourye Royame or Cyte to haue true subgettis of grete loue For they faylle not in bodyes ne in goodes lyke as it appiered many tymes in rome whan the tresours of the cyte despeÌ„ded in grete warres in so moche that they had no thynge TheÌ„ne the ladies them self of their propre mocoÌ„n brought theyr Iewellis ryche adournemens and with theyr good wylle brought delyuerd them for to socoure to the necessite of the toun cyte the whiche afterward were gretely restored agayn as good reason was And for to holde this waye wel gaaf ensample the good wyse kyng charles the fyfthe of that name fader of this that presently regneth the whiche anon after he had be crowned what dyde he as in the age of xxv yere as he behelde that the englissh men helde euyl the couenauÌ„tes made of the treatye of the peas whiche he hadde by necessite dyuerse fortune acoorded to theym how wel it was to hym right doÌ„mageable and that not withâ—stondyng that it was agreed to theym to holde grete parte of the duchye of guyenne many other londes seignouries in other places in the royaulme of frauÌ„ce but that suffysed them not but marched defowled greued by theyr pryde ouerwenyng the other contrees neyghbours whiche apperteyned nothyng to theym sente the sayd kynge by aduyse his ambassiadours auctorised to the duc of lancastre sone of kynge edward of englond to his people whiche had doon the said oultrage that therof he wold cesse make ameÌ„des of the grieues doÌ„maiges made syth the said peas of whiche thynge suche was theffecte how wel the ansuere was curtoys ynowh the said ambassiadours were slayn in that iourney or waye wherfore the good wyse kynge seen that by constraynt had accorded the dishonourable peas the whiche englyssh men euyl helde for many other reasons whiche shold be ouer longe a thynge to recounte asseÌ„bled at parys at his parliameÌ„t the forsaid foure estates and with them alle the wyse iurystes strangers as wel of boloyne the craas as of other places suche as he myght haue and to theym purposed his reasons ayenst thenglyssh men demaundyng theyr aduys yf he had cause to bygynne warre for without iuste cause the regarde deliberacoÌ„n emonge theym and the consente wylle of his good subgettes in no wyse he wold doo it at whiche counseyl by long deliberacoÌ„n was concluded that he had good iuste cause to begynne agayn the warre thus the good wise kynge entreprysed it in whiche thynge god hath be so moche fauourable to his good right loued be he with the grete prudence of hym that alle the londes loste he gath sith recoÌ„querd with the swerde like as yet it appiereth ¶ Here is deuysed how it is not expedyent that a kyng or souerain prynce goo in bataylle for the peryllis of aduersayre fortune ¶ Capttulo vjo· TheÌ„ne by the way aforsaid the wyse kynge or prynce shal determyne to werke in the fayte to entrepryse warres bataylles And for as moche as it is a thynge notayre that in suche a fayt to bygynne mayntene contynue foure pryncypall thynges That is to wite an heed or chief hardynesse Strengthe and constaunce without the whyche alle shold goo to confusion ye yf that onely one of them faylled now it is to see yf it be good that the kynge or souuerayn prynce in his propre persone goo to his warre And be in the bataylle For as the faytte ought to touche hym more than ony other By whiche his presence myght represente the forsayd four thynges And with this
men that moost haue seen and that take moost delyte haue plesurÌ„ in thexersice of armes in whiche labour is they re glorye they re Ioye sette and that none othre felicite nor worshipÌ„ they requyre but onely that that may comÌ„ to theym by meane of they re cheualrouse dedes and suche of what nacyoÌ„ that they be of are to be taken receyued and trouth it is that with thauctours all good witte ought to accorde that yf the captayn hath nede of folke of the comynaltee he ought singulerly to chese theym that canÌ„ somÌ„ craftes as bochers that are woned to shede bloode to smyte with axes â— carpenters smythes and all other that excersyce they re bodyes in trauaill and in werkes that be doon by might of mannâ—s â—and Also menÌ„ of the countrey to whome harde lyeng â—â—yne and labour is not straunge are norysshed of rude fâ—de suche be good to suffre peyne trauayll without whiche thyng is not made werre that long is demened kept ¶ Here begynneth to speke of the maners that behouen to a Constable or cheff captayn in executyng of his office ¶ Capitulo Duodecimo IT is so theÌ„ne that the werre delybered bygonne and by the prynce souerayne receyued sent deffyauÌ„ce as the guyse is The wyse captayne that commytted is to the same shall ordeyne see first of all that the fronâ—yers 〈◊〉 borders be wel garnysshed aswell of gode men of werre as of artyllerye of al maner shot of all othre deffensable necessaryes almaner of garnysen of suche quaÌ„tite as â—ym shâ—l seme gode aftre the qualyte of the aduersaryes And the townes fortresses so garnysshed lacke of nothing he shal aduyse what nombre of men he nedeth for to doo that he hath and shal haue to doo vpon his entrepryse So shal he chose out amonge all other the best men of armes and semblably of them that occupye shotyng gonners and othre vnto the nombre that necessary is for him â— And by cause that now commynly it is so taken that that the vyctorye of the bataille by reason ought to falle to that partye that more folke are Ayenst this oppynyon saithe vegece that it suffyseth for a comyn bataylle to lede a legion of gode men of armes with thyr aydes A legion of men of armes is in nombre vi Myll lxvi that we may so take as we saye for sperys And al othre auctours that herof haue writon accorden what vegece saying that as in an ouergrete quantite is confusion it suffiseth at the moost ayenst al multitude of enemyes two legions without moo of good men of armes so that they be conducted ladd by souerayne ordynauÌ„ce whiche be in nombre lytil more than xiij myll sperys And it is founde that many ostes haue be dysconfyted by they re owne multitude more thenne by the force of they re enemyes and why certes a gode reason is therto for the grete multitude is more stronge to be kepte holden in ordre oste falleth to a grete myscheff for hyr gret pesauÌ„t weyght and is more nedy of vytailles more debates be there And more long to passe forthe awaye and it happeth often easely that the enemyes how wel that they be of litel quantite awayten to ouercomÌ„ them as they go thrughe narow passages ryueres And there is the parell for tauauÌ„ce nor haste hem self they can not but they shal lette eche othre and namely in arreÌ„ged batailles they ouerpresse ouerstep one ouer that othre by suche amauere that they smoldre eche othre And therfore as it is said afore the auncyent that the thing that be coÌ„uenable to a bataille had taught and the perillis shewed by experience comended more to haue a litel ost wel taught than a grete multitude The hie cheff captayne shal ordeyne ouer suche folke as he shal haue dyuers captaynes conestables vndre whom he shal commytte certayn nombre of men of armes to somÌ„ more And lesse to somÌ„ othre aftre they re suffysaunce and lyke wise shall departe with them his gonners laborers shoters And thenne hym self suche as he hath commyted shall see them mustre dyuers tymes in the feldis that one after that other There shal be take gode hede that noon be reteyned but he be passable so that noo fawte be neythre in his persone nor in harnoys of what astate that they be And there shal be wyse comyssaryes that gode hede shal take that for couetyse of the payemeÌ„t of the souldyours noo decepcion be made by retenue of suche that be vnable from olde tyme were the hede captaynes first of all ryght straytly sworne that they feythfully truly shuld serue the prynce or the countre without that for fere of dethe nor for to eschewe what soemer parell that it were they shuld not fle nor for sake the bataille And they in lyke wyse toke the othes of euery man of armes when they reteyned hem in wages Thees thynges wel duely made after that he shal see that he haue gode surete assignacyon for the payement of his men of armes for the tyme that he thynketh that this armee shal laste For to this ought singulerly al cheff cappâ—taynes to take gode hede as to that thyng pryncypall that may eythre make or deffeate they re entrepryse For noon entende for to haue gode men of armes without they be wel payed For none sooner declyneth they re payement but that they re coragis fayllen ¶ Here deuyseth the manere that to a chief captayne longeth to kepe in lodgyng of his ost after that the bokes of armes sayen ¶ Capio· xiijo· ANd yf it be so that the said chief captayne goo purposyngly to assemble in bataille with his enemyes of whiche he awayteth they re comyng wherfor hym nedeth to kepe the feldis for a space of tyme and to lodge there his ost he shal aduise with a good hede after the supposyng that he hathe of commyng of his aduersaries to lodge his oost in the best wyse he can and to take fyrst yf he may the aduauntage of the grounde the best waye for hym self to the hurt and hynderaunce of his enemyes And tytus liuius sayth that som tyme whan they of gallya were goon with they re oostes vpon the romayns whiche knowyng they re commyng went ayenst them as they first toke thaduauntage of the feld and of the place dide lodge hem self in suche manere that they were betwix they re enemyes the ryuer For the whiche cause they vaynquisshed and ouercome they re ennemyes more by thurst than by armes And it suffyseth not to take a gode place in a felde but suche that theyr enemyes yf they approche may not chese for them self ony bettre So shall he establisshe his lodgis to the highest part of the feld nyghe the ryuere and that noo hille shadowe them yf he may and that the place of they re lodgis be of
gode ayer and of gode compas yf he may And after vegece in a place where pastures water and wode be and that the feldys be not disposyd to kepe rayne watre long vpon the erthe nor where as to the enemyes myght fall grete russhyng habondance of watres by brekyng of somÌ„ pondes and stangs or somÌ„ scluses And it is to wite that after the quantite of folke and the plente of charyotis cartis baggage and fardellages must be taken the spaces of the lodgys in suche manere that a grete multytude be not to narow sett nor also more a brode than it nedeth for to be For of lesse strengthe they shold be thereby and ought the cartisand caryage to be sette rounde a bout Ioynyng to gyder and more fayre is the lodgys holden when the place is taken more in lengthe by the thirde parte than it is in the brede And in the myddis ought the place to be fortyffyed moost of all As a strong hold made wyth tymbre yf men may and that nede be Of whyche the yate shal be euyn ayenst the fronte of the enemyes And other yatis must there be by whiche the vytaylles shall comÌ„ in And vegece sayth that many baners ought to be sette ther vp on high and yf the chyef captayne thynketh to kepe his oost long there he shal doo fortifye the place with dyches palis rounde a bout and wyth closurâ— made of tymbre as it were a castell wherin shal be 〈◊〉 the garnysons to the vytayllyng of whiche ought to be 〈◊〉 for byfore al other werke ryght wysely and wel 〈◊〉 as vegece saith more gryeuous is honger than wepe◠〈◊〉 many thyngis may be borne and suffred in an ost but â—â—â—cessyte and lacke of mete in a feld hath noo suffraunce 〈◊〉 remedye without vitaylle com thyther how be it â—e saith 〈◊〉 al thing is couenable to an oost that a man concence 〈◊〉 self with a lityl mete And therfore the wise captayn ought so to purueye that vitailles faille not or euer the siege whyche oftymes lasteth lenger than men wene of be reysed or go fro For whan thaduersary feleth the ost nedy of vitaillis so moche more sharp fers he is ayenst hem as 〈◊〉 thinke lightly to take hem for this cause it happeth yâ— folke of an oost force them self so moche to take vitaille one fro that other in especyall folke that kepe a siege bifore a fortresse doo soo wherfore gode hede wold be taken that the dyspensatours vitaillers of the oost be not theuys hemself robbe not the oost as they by crafty wiles may doo for by suche away hath many an oost suffred emonge grete honger moche mysease grete parell wherfore it is gode wysely doon to loke therto ¶ Yet of the same ¶ Capio· xiiijo· With all the thinges a boue said the gode captayne that wyl mayntenÌ„ kepe his werre iustly ayenst god and truly towardis the world ought to endeuoire himself to see his soudyours be payed so wel that they nede not to lyue of noo pillage vpon the contrees of theym that ben they re freÌ„dis and by this manere of waye the oost shal haue noo deffaulte For why all manere goodis vitailles from euery parte shal come thyder so that marchauÌ„ts may surely come that he make an ordynaunce vpon peyne of deth that noo thing be taken but it be payed for nor nought mysdoo to the marchauÌ„t whiche now wolde god that it were doon so euery where grete gode it were and I bileue that al thingis shold therfore come to the better ende grete perill is in fayt of werre in an oost whan couetyse of pillage ledeth to hit men of armes more rather than doeth the good entent that they shulde haue to kepe the right of they re partye or the honour of knyghthode or for to gete preysyng gode fame And suche folke ought bettre to be called theuis robbers than men of armes or cheualrous and this shewed wel the frenshmen that tyme they ouercome the romayns there grete oost in bataylle vpon the ryuere of the rosne and grete proyes gate vpon hem but in token that they setted nought by the same and that they re entent was not sett ther vpon they toke all the proyes as pylfreys and riche harnoys gold siluer and plate cast all to gyder in the said ryuere the whiche thing so don putte the romains whiche suche another dede had neuer knowen in grete fere drede The wise captayne theÌ„ne wel purueyed of tho thingis that ben said a boue shal not trust onely vpon that that his fourragers shall bringe by cause oftymes they fynde nought to take but he shal be purueied bifore his partyng not onely of al his garnyson but also of al vitaillis that vpon cartis he shal doo carye wyth hym as is corne and mele wynes flessh benes salt and vinaygre refressheth to drynke it with moche watre in the somer whan wyn failleth and al other thingis couenable that wysely he shal doo to be dispensed Yet saith the boke of armes that yf the oost shuld tary long in a place and that a grete puissance of enemyes wayteth to come thether the place ought to be fortyffyed rounde a bout with gode dyches of xij fote depe and xv fote brode and as streyght as they can be made at that syde of the enemyes wyth stakes 〈◊〉 other thyngis to lette them that wold descende for tenâ—re but and so be sayth he that the oost shuld not abyde longâ—â— that he awayteth but for a fewe folke it is noo nede of so grete fortyffyeng but suffysseth yf men wyl dygge that the dyches be made of viij or ix fote of depnes and of brede vij fote And ought the gode capytayne to commytte good men of armes wyth gonners and men of shot for to kepe and wayte vpon the laborers and werkmen whiche suche fortyfycacyons are in dooyng And for to brynge a bout all suche thingis the wyse captayne shal be right wel purueyed of al Instrumentis couenables as shouillis wyth yron at for ende ratellis pycosis sawis axes nayles wymbrekyns and of al other ferrementis for to make lodgys or for to pydche and dresse vp tentes pauyllons and of suche werkmen that can gode skyle of the same Not wythstandyng vegece sayth that folke of oostis ought al to be maystres hemself of kuttyng of wodis and of fellyng doun of grete trees of makyng of wayes thrughe hedgis and busshys of byldyng of lodgis of makyng of cloysours of tymber in sawyng of bordis and of makyng of brydgis yf nede be of fyllyng of dyches wyth fagotis and bondellis of rede for to fynde passage of makyng of ladders of al suche thyngis And after the said Auctour the auncyent conquerours caryed wyth hem in they re oostis forges redy made where were forged and made salatis and helmetys curacys al
fonde as for nede al suche wayes of makyng of brydgis And yf it happed that they passed ouer on the myght by the moue lyght or ellis so secretly that the enemyes can not knowe nothyng therof they must assoone as they be past arme hem self and putte hem self ayen in gode ordynaunce that they be not ouertaken vnbewarre And kepe forth on theyr way with a fayre lytel paas by suche an ordre that yf eny enemyes com vpon hem they may be able and redy to bere more peyne and suffre more perell than they can gyue hem But yf they may eschew hem by mountaynes and leue they re enemyes vndrenethe it is a grete auauntayge and surete for them And yf it be soo that they fynde the wayes narowe by combraunce of busshes and hedges it is bettre as vegece sayth that they cutte hem and open hem a brode wyth they re handys for makyng of the way than that they shuld abyde or suffre grete peryll in the hyghe and brode wayes ¶ Here speketh of the maneres that the chyef captayne of an ost ought to hold kepe whan he thinketh to have shortly a bataylle ¶ Capitulo xviijo· After that whych a boue is sayd must be here spoken of certayn poyntis aduyses and wayes that to a captayne are gode to be kept that tyme he supposeth to receyue soone a bataylle after the boke of armes and other auctours that haue spoken of thys matere And it is to wyte that when men fele they re enemyes commyng wylling to ouer renne the lande they ought not yf they can to suffre hem to entre the countrey but shal go axenst them wyth a grete oost For muche bettre it is to hurt anothris lande than to suffre his owne to be dommaged Whan a captayne theÌ„ne is comÌ„ to that place as he thinketh to haue shortly Anthiocus of Europe that is to wyte by nyght whan they re oostys were traueylled and lacked rested And noo kepe they toke of them self the whyche rommayns beyng but a fewe in quantyte slew more than lx thousand of the forsayd two kyngys men as thistorye recounteth ¶ And vegece sayth that where a bataylle is doon in two or in thre owres after whyche al manere trust and hope is goon from that partye that is ouer come And by cause that the fortune of the vyctorye can not be knowen of afore The wyse captayne ought not to putte nor vaunce forth hym and hys men lyghtly to a bataylle in a plain feld but yf he see that it be to hys grete avauntage And that a day of bataylle sette is to be dradd and redoubted as a thing that is putt in a grete Iâ—opardye Wel it was assayed and prouyd of the rommayns that tyme they had sent they re grete oost in to hyspayne that tourned rebell ayenst hem Where as of the bataylle whych they founde there redy ayenst hem remayned not of hem alle one personne that myght reporte the tydyngys to rome but knew hyt a gode while after by strangers ¶ Therfore ought the Duc to hurte hys ennemyes lytel and ofte by fayre scarmysshes by watches and by busshementys ¶ And by suche waye to mynushe them day by day as muche as he can ¶ Item he saith also that whan it happeth that prisonners be taken duryng the werre in scarmyshyng or otherwyse men ought to entreate and fare so fowll with them that thei be putte therby in despaire of theyr lyffe Yf hyt be so that they that so haue taken hem Awayte after the bataylle by cause that they re ennemyes hauyng noo trust to fynde nother pyte nor mercy in them yf they were vaynquysshed of them shuld deffende them self and fight more corageously for they re lyffe For many a tyme it hath be seen that a lytyl quantyte of men thus desperate of mercy and pytie dyscomfyted and ouer cam a grete and a mughti oost by cause that they wold rather dey fightyng than to fall in the cruell handys of they re ennemyes ¶ And so it is a grete peryll to be fight suche men ¶ For they re streÌ„gthe groweth and doubbeth wyth in hem ¶ Therfore ought the Duc or captayne sayth he to vndrestande and knowe as a rygtewys Iuge doeth the trouthe of a matere or he gyue hys sentence Alswel the strengthe as thaduauntage that hys enemye hath ouer hym and how and wherrof he may hurt hym wherupon he shal take wyse counseyll to wyte what he hath to doo ¶ For by this manere of waye hath of tymes a small quantyte of folke that ledd werre by wyse captaynes ouer come a grete multytude as it is sayd bifore ¶ But yf it happe saith vegece that thyn enemye presse the muche for to gyue hym a day of bataylle and that he hasteth to be fyght the take hede whether it is at hys aduauntage and to thy hurt and dommage but doo nothyng nor medle not but yf thou see thy tyme ¶ Here sheweth the manere of behauyng that a chyef captayne ought to holde yf hyt happe that he wyl departe from the feld witout abydyng or gyuyng of eny bataylle ¶ Capitulo xix BVt we putte a cas that the prynce hap to sende worde to the captayne that he tourne agayn wytout gyuing of eny bataylle nor that he make no more adoo or that the chyef captayne wold take hym self vpon hym for certayn cause to leue the feld it is to consydere to see what manere be sure Thenne shall come out vpon hem they that be in busshementys sette for theym and by grete vertu and streÌ„gthe shal hurte and domage hem ¶ And how so euer it is He that departeth from hys ennemye ought by al manere of wayes to puruey that yf he be chassed and folowed that they that chasseth and pursiewith hym haue som myshap at his retourne ageyn eythre by settiÌ„g of a watche for them or ellys by som other manere ¶ And yf it nedeth them that shal make chasse after the to passe ouer som flode or ryuere leye thy watche so for theym that they that shall passe first may be ouer ronne by thy men and that another partye of thy peple be putte in a busshement at the bac syde of thim enemyes yf thou can for to sawte them that yet awayten for to passe ouer the ryuere And yf thou nede thy self for to passe thrughe woodis or by som narowe wayes see that thou sende a fore som personnes of the oost that be feithfull and true that can reporte vnto the the pathes and whether eny busshement be there layed or not For a lesse shame it were to receyue a dommayge in fightyng openly wyth hys enemye than to haue eny combraunce lettyng by som awaytyng sette wherof men had take noo kepe vnto it thorughe necligence ¶ Here sheweth how the hed captaine of an oost that falleth in a treatee of peas or taketh trewes with his enemyes ought to kepe hymself and his peple from suche peryls as he
on horsbake and on fote and see that thou first of all whan it commeth to assemble togider hand to hande that thy lyfte wynge be Ioyned and sette vpon the ryght wynge of thin enemyes and asmuche as thou caust putte from the a backe the ryght hande of thyn aduersaryes and make haste for to enuyrone theym And that other parte of thyn oost whyche thou knowest not so stronge dysseuere theym asmuche as thou caust from that other contrary wynge so that sperys nor dartes may not lyght vpon theym And thou muste take kepe that thyn enemyes make not a plowmpe of they re folke to entre and breke thy bataylle in trauers In thys manere thenne men fyghten profytably and in specyall yf the fall happeth that the lefte corner of thyn enemye be of lesse strengthe than is the thyne The fourth manere of fightyng in a felde is suche whan thou shalt haue ordeyned thy bataylles with foure or fyue hondred fyghtyng men or euer thou make eny approche vpon thin enemies thou shalt so sodaynly doo moeue thin oost secretly with bothe thy wynges in a gode ordynaunce that from bothe the corners of thyn enemyes as nought purueyed shal be constrayned for to tourne they re backis and flee awaie and yf swyftly thou caust do so thou shalt haue victorye But this maniere al be it so that thou haue men ryght stronge and wel excersiced in armes I holde hit peryllouse For yf the half of thy bataylle is constrayned to desseuere and departe thyn oost in two partyes and that thyn enemyes be not ouercome at the first comynge on they shal haue occasion to assaylle thy men of armes that thus ben deuyded ¶ The fyfthe manere of fyghtyng is lyke vnto the fourth but so moche more it is that the archers and they that ben lyghtly armed shal be ordeyned by fore the fyrst bataylle to th ende that they be not broken out of ordynaunce And shal also assaylle enuaysshe wyth the ryght cornere of hys bataylle the lefte cornere of hys enemye and wyth the lyfte the ryght And yf thou mayst do so thou shal soone ouercome theym But the myddell bataylle is not in peryll by cause it is deffēded by them that ben lyghtly armed and by the archers The sixth manere of fyghtynge is right gode and almost lyke vnto the seconde And with the same are wont the good fyghters to helpe semself in hope of vyctorye how wel that they be but a fewe folke for to ordeyne wel they re bataylles The bataylle of the enemyes thenne al renged in a rowe thou shalt Ioyne thy ryght cornere to they re lyfte there thou shalt begynne the bataylle wyth the best men that thou hast on horsbacke and a fote And that other parte of the ost shal folowe of ferre the bataylle of thyn enemye the whyche parte shal be spred all streyght and yf thou canst come to the lyfte wynge of thyn enemyes they muste nedes tourne they re backys and thaduersary may not be socoured of hys ryght wynge nor wyth hys myddle batayll he can not helpe the other For the taylle of the ooste is exceded vnto the lyknes of the moost long lettre L fro ferre hyt departeth from hys enemye ¶ Of the same ¶ Capitulo xxvj THe seueth manere of fyghtyng is whan the rowme the place is propyce for hym that fyrst taketh the feld that is to wyte yf thou hast a place where as at the one syde of hyt thyn enemyes can not come as it is sayd for cause of the see or of flodes or of montaygnes mares grounde or other lettīgis how be it that thou haue good men and well renged in bataille by gode ordynaunce And at that syde of the place where as noon suche lettyng is thou shalt putte thy men on horsbacke and thenne fyght surely yf thou be assaylled For by the sayd lettyngis thou arte kept sauf of that one parte and lyke wyse of that other parte by the strēgthe of them that be on horsbacke And it is to be take hede vnto what syde that thou wylt fyght that thou putte fyrst the moost valyaunt men And for eny lytel quantyte of peple that thou haue be not dysmayed therfore For vyctorye hath wel acostumed to be had of fewe fyghters so that the wyse duc ordeyne them there as proffyte and rayson requyreth and it is to wite that namely thesame tyme they holpe hem self in they re bataylles by dyuerse maneres of engyns and wyles for to breke the bataylles at it is sayd here before as of oxen that had the fyre sette vndre they re taylles that were chassed towardis the partye aduerse And namely also they vsed at that tyme wyth semblable engyns as ben thoo that now be called Rybawdekyns For euyn thus were they sette vpon awhele and a man withyn as withyn a lytyl castell that was made al of yron and shot with a gonne or with arbalaster And had at euery syde of hym an archer and sharp yrons were dressed to the foresyde of thesame engyn as hyt had ben sperys And wyth the strengthe of men or of horses made many of suche engyns to entre al attones wythyn the bataille of the enemyes ¶ The ordre and the manere that the capytayne ought to kepe whan good Fortune is for hym ¶ Capitulo xxviij SOme that knowe not wel the tournes of armes wene for to helpe hem self in a bataylle wyth closynge of they re enemyes withyn a certeyn compace of a place or by enuyronnyng of hem rounde a boute with multytude of folke so that they can not yssue out by noo waye but this doeth moche to be doubted For hardynes groweth wythyn the hertes of thoos that ben so enclosed a boute by cause that the more that they thynke hem self but as for ded or ouercomen hauyng noo hope to come nor escape out they wol selle full dere her owne flesshe or they be take And therfore was the sentence of Scypyon preysed that sayde that men ought to make awaye to the enemyes where thrughe they may flee and to putte abusshement where as they shal passe fore by For whan they ben so sore ouerpressed and see awaye where they may go out yf they wyl they wol soone take hyt and putte hem self to flyght trowyng to be sauffe therby and thenne they may be bettre thus slayne than in deffensing of them self And many caste fro them they re armures harnoys for to flee more lyghtly and thus they ben slayne as bestes by them that chasse them And the more grete multytude that they be the greter is they re confusyon For noo nōbre ought to be sette by there as the corages ben for fere dyscomfyted al redy The wise men of armes sayen that whan a good fortune cometh to that one of the two partyes so that she ouercometh that other partye in bataylle men ought for to pursyewe styl hys good fortune al vnto the ende
grete oost ayeÌ„st hym ¶ So dyde he ryght wel garnysshe the townes and castelles where they sholde passe by And gaffe comaundement by hys ordynaunce that whan the enemyes were comme nyghe that hys garnysons shulde yssue out of the castelles and townes as thoughe they were a ferde and that they shulde come to hyme atte Cyracuse And thenne the Cartagyens that trowed to haue goten all the contrey toke seased all the sayd fortresses townes garnisshed them with theire owne peple and of so muche was they re oost made lesse And the oost of Denys encreaced whyche delyuered them bataylle soone after where they were ouercome and the other cartagiens that kepte the said townes and castelles were famysshed ¶ Of them of hyspayne of Alexandrie of Pirre of Lapcenes of hanybal and of other ¶ Capitulo iiij UPon a tyme the spaynardes shuld haue fought ayenst Amulcar the leder was of the oost of Cartage where muche folke were in a goode ordynaunce They be thoughte hem self of a wyle for to breke the bataylle of they re enemyes they toke many oxen that drewe the plonghe and enoyncted with oyle and brymestone a staffe that was putte vndre they re taylle and was all couered with towe of flaxe that wel embybed were with oyle and this oxen they dyde putte at the forefront of they re bataylle when they shulde assemble wyth they re enemyes And whan the fyre was sette in to the sayd towe they chassed and droof hem fourth ayenst the Cartagyens the whyche oxen as full of a Rage entred and brake al they re bataylles and so was the said Amulcar dyscomfyted ¶ Item Alexaundre prynce of Pirre had werre ayenst a folke that men callid Illyriens that bare habytes and gownes dyfferent from al other garmeÌ„tes The sayd alexaundre toke with hym a grete quantyte of hys men and clothed rayde them after the maniere of the Illyriens And thus arrayed comaunded them that when the Illyryens were so nyghe that they coude see hem they shulde take vpon hem self for to brenne they re owne cornes that grewe vpon the feldes and that they shulde make hem self as besy as they wolde dystroye waste all ¶ Of the whyche thynge the sayd comandement accomplysshed the enemyes that sawe thesame trowed that they had be of they re folke folowed them that so went fourth destroyng al thinges afore hem vnto the tyme that they came in to a narowe waie where as Alexaunder had putte a busshement there the illiryens for the moost partye were taken slayne ¶ Item in lyke wise dide Laptenes prince of Syracuse to them of the cyte of Cartage that vpon hym were come to bataylle For he made hys owne men to sette on a fyre certeyn of his owne townes castelles wherby the Cartagyens that wende that it had be of they re folke that thus wasted all wolde renne thider anoone but Laptenes had sette awayte for them by the waye where they muste passe and thus they were al slayne Item Hanybal the goode werryer duke of cartage of whome I haue spoke afore shuld ones goo vpon theim of Affrycke that were rebell and he knewe wel that folke was sore sette vpon this wine So made he thenne to take therof a grete quantyte meÌ„gled hit with certein herbe that is called mandglorye whiche maketh folke to be soone dronke and slepy And after al for the nonys made a lityl bataylle of hys peple to be redy to whom he comaunded that they shuld renne awaye as thoughe they were aferde when the enemyes shuld come nyghe hem And whan the other that trowed to haue wonnen all were come nyghe Hanybal with hys folke makynge as he durst not abyde hem lefte his lodgis al alone that was full of goodes and of this medled wyne and departed about nydnyght and on the morne whan the enemyes sawe there noo body they came to the lodgis with grete Ioye and dyspoilled hit about and as folke that dede was for honger ete glotonsly of the swete metes and dranke of the wynes evyl appareylled for theym For they all were made heuy a slepe and so dronke therby that they lay styl as ded men Thenne came ayen hanybal whan hym lyste and al them he dyde putte to the swerde ¶ Item thoos that fought ayenst a folke that men called Heryteos toke the swerde of they re enemyes and made hem to confesse telle there couuyne they re propos after toke they re raymeÌ„tes fro them reuested they re owne folke with thesame made hem to ceÌ„me vp vpon a highe hille that they might be seen of the ost And bicause the enemyes had comauÌ„ded to the sayde espyes that after that which they shulde fynde they shulde make hem a sygne and they that were vpon the montayne made a signe that they shulde come more nyghe they dide soo by cause they wende that hit had be theire espies in so muche that they entred in to the busshementê of they re enemyes where as they were al slayne ¶ Of Menoles kyng of the rodes of Scypion of Xertoryus of Hanibal of Lentulus of Acoriolo and of Fuluyus nobilius ¶ Capitulo v MEnoles kynge of the rodes was atte an oost ayenst his enemyes and had more of bettre men on horsbacke than his aduersaryes whiche kept the montaynes to th eÌ„de that menoles myght not lyghtly befyght them Soo aduysed Menoles a cawtele for to make them to come doune he toke a knyght of hys wyse hardy and hym charged that he shuld behaue hym self as one that was fled frome his oost that was euyl content with hym of his wages that he shulde goo to that other partye And he dyde as he was charged And with other euylles harmes that he shewed to hem of menoles he made them to byleue that throughe his euyl ordynaunce was a grete dyscencyon in his oost that for thesame cause many one departed from hym and to th ende that they shulde byleue bettre thees thinges Menoles dyde departe dyuerse of his folke so that they that were vpon the hilles might see hem goo awaie but he made them to be leyed in to dyuers busshementes here and there And by this manere of deceyte thoo that were vpon the montaynes cam doune whan they see the ost of Menoles so lessed that they thoughte to be able for theym but ryght soone they were enuyroned all about with the horsmen that killed and slewe theym euerychone Item whan scipion shulde ones goo ayenst the spaynardes with a grete armee the kynge syphax sent hym certeyn messangers that shewed hym grete threttnynges wordes of grete feere aswel of the hardnes of the lande as of the folke of thesame of they re quantyte strengthe of the whiche thinge not sore affrayed was the valyaunt man scypion but to th eÌ„de that thisâ— ambassadours shulde not sprede suche wordes a brode emonge his folke wherby they might be affrayed
of they re doubte he byganne to laughe sayd boldly O god be thou preysed here may ye see a good token For I am sesed al redy of the lande of Affrike hyt wyl be myne without faylle And thus by this worde he tourned the euyl hope of his folke in to a goode the whiche thinge happed after as he had sayd Item as xertorius shulde ones haue fought it appiered in his ost a merueyllouse signe For the sheldes of his men of armes and the brestis of they re horses becam al couered with blode the whiche thinge was to them occasion of a grete fere but the valyaunt duk assured theym full wel saymge to them with a gladde chere that it was a ryght gode token and that by the same they ought to vndrestande that they shulde haue the vyctorye For thees partyes ben thoo that are ought to be comynly blody with the blode of the enemyes Item pamynodas the wortly duk of Thebes shulde ones be fight the Lacedemonyens and where the cas happed that the bataylle was somwhat dylated hys chaere was brought vnto him for to sette a lytel vpon abydynge the owre of the bataylle but percase of aduenture hys chaere tourned vndre hym and fille donne besyde of the whiche thinge hys folke were muche abasshed and toke hit for an euyll betoknynge The said duke thenne whiche rose vp quyckly sayenge vnto theym with a hardy face in thys wise Now vp vp lyghtly my gode knyghtes the goddes doen forbede vs the soâ—ourne and taryenge For they haue admonested vs by thys token for to goo soone to the bataylle and oure shal be the vyctorye ¶ Here speketh of the Lacedomyens of Iulius Cesar of Papyrius cursor of Pompee ¶ Capitulo vij THat tyme whan the Lacedomyens had werre to they me of the cyte of Messynes they knewe ones by theire espyes for certeyne that the Messynyens were so sore sette in yre vpon them that they shulde brynge to the bataylle bothe they re wyues and they re chyldren for to haue therby a gretter corage for to obteyne or ellis dye togider For the whiche thinge the Lacedemonyens with drewe them self and differde the bataylle Item Cesar had ones so broughte hys enemyes by takyng of water awaye fro them that they dyeing for thruste were in dyspeyre of they re lyffe and as they that be forced with a grete rage yssued for to fyght with hym but he wolde not at that owre but wythdrewe fayre hys men awaye For hym semed not good that they shulde fyght atte that tyme whan dysperacyon and wrath rewled the corage of the aduersaryes ¶ Item as Papyrius Cursor shulde ones fyght ayenst the Samytes and that he knewe by hys espyes that the more nombre of folke were hys enemyes wherfore his men redoubted to deale wyth theym he toke soone a certeyn of his folke that he moost trusted with hym and secretly comaunded them to take a grete quantyte of bowes and of rede and that they shulde drawe hit after theym from a hye hille where bothe the ostes might see hem for to styre and moeue therwithall in to the ayer the pouldre duste of the feldes and that they shulde make the grettest noyse that they might with all as soone that this was doon soo and that Papyryus sawe them he bygan to make a scrye with a highe voyce so that hys folke eke hys enemyes herde hit and semblably made to be cryed dyuerse tymes that hit was his felawe of armes that he had lefte in to abusshement whyche had dyscomfyted a parte of hys enemues and that they shuld doo so muche that hys felawe hadd not al alone the glorye of the victorye And herof it happed as he thoughte for therby hys men were made hardy and bolde and lost all feere And the Samytes that for the grete dust that they sawe flee aboue the erthe wende that it had be a thinge of trouthe wherfore they torned they re bakkis and fledd awaye ¶ Item pompee was in a doubte that a certeyne cyte shulde be more fauorable to his enemyes than to hym self and that she gaffe them ayde and socoure by fore the stroke And therfore he requyred the enhabytantes that they wolde receyue withyn hem dyuers syke men that might not folow hÌ„is oost vnto hys retourne ayen for to ease and hee le hem self And that bothe golde and syluere and goodes ynoughe they shulde beâ—re with theym for to rewarde wel theym that shuld receyue hem And whan this thinge was graunted Pompee made to be putte in dyuers and many litteres of his best and moost hardy knyghtes bounde and bended as thoughe they had be sore wouÌ„ded and syke and in males and other fardellages he dyde they re harneys to be caryed wyth theym as hyt had be they re gownes and they re hauoyre For the whyche thynge whan thees knyghtes sawe they re tyme â—ay rest they ranne vpon the comons and so muche they dyde that they had the maystry of the cyte and so kepte hit ¶ Of Alexaunder the grete of Cesar Augustus of Crates of Athenes ¶ Capitulo viij WHan the grete alexandre had subdued and ouercome the thirde parte of Assie by cause he doubted les that they shuld tourne rebel after his departyng he brought awaye wyth hÌ„ym all the kynges princes of the lande as thoughe he wolde worshippe theym principalli suche that hym semed were moost wroth heuy that they were subdued vaynquysshed to the peple that he lefte there he constytued and stablysshed certeyne captaynes that he chose out of hem self And by al thus he gate the loue of the prynces by meane of the worshippe that he shewed vnto theym and eke also the loue of the comons by cause that he made them to be gouerned by suche of the comynaultee as they were hem self And thus yf they wolde be rebell they myght not wel syn that they had noo captayn For a peple that hath lerned to be rewled vndre a hed is nought worth by hym self And for to haue them more subgett he dide doo bylde dyuerse castelles nyghe by they re townes but for to pease them of this doyng he garnysshed thees fortresses with they re owne peple Item whan Cesar augustus had subdued al Germanye that the Alemayns had yolden hem self to hym he thenne for to bere a more lordshippe ouer theym he bylded many fortresses nyghe by they re townes but for to contente hem of this thinge he boughte the grownde of them where he sette the sayd fortresses For the whiche dede they helde hem self so wel content that they had hys lordship ryght aggreable Item Crates duke of Athenes was lodged in the feldes and he had but a fewe folke but he wayted after a grete secours thus he doubted les yâ— his enemies yâ— in agrete noÌ„bre were asseÌ„bled shuld come vpon hym by cause they knewe hym feble but bi cause he wolde purueye to thys
Inconuenient he made to yssue by nyght a grete parte of his folke comaunded them that on the moroâ—e they shulde come agayne a longe the haÌ„gyng of a montayne makynge a grete noyse so that they myght be herde and seen of they re enemyes that shulde trowe that it were som newe socours And hyt happed euen thus for the whiche symulacyon he abode sure vnto the tyme that hys help was come ¶ Here it is shewed of Lisimacus kynge of macedonye of Fabyus maximus of Denys the tyraunt of Alexaunder and of Yphytrates ¶ Capitulo ix LYsymacus the kynge of macedonye had beseged the cite of Epheze whiche had to her ayde an Archepyrate that is so say a grete thef of the see that muche harme dide to the sayd kynge nauye of his shippes he toke ofte fro hym a grete quantyte of prysoners but to this he fonde a remedie For he dide so moche that he corromped the said rouer by meane of money so that he dide fille hys shippes with the sayd Lysymacus folke wel garnysshed with they re harneys ledde theym in to the cyte as they had be hys prysoners whiche soone after by nyght whÌ„an they see they re fayrest and that they of the cite toke non kepe they ranne vpon the spies slewe them so was the toune taken delyured vnto Lysymacus IteÌ„ fabius maximus that tyme he beseged capne he dide waste al the corne that grue about hit wherbi it semed that his entent was not for to besege the towne theÌ„ne departed ferre from the same taried his coming thyder ayen vnto the tyme that they had sowed theire landes ageyne wherto they had employed they re corne and had but lytyl kepte And thenne retourned ayen Fabyus And for fawte of bred gate the stronge cite of capne whiche was famisshed ¶ Item Denis the tyraunt after that he had taken many fortresses in cecyle he came bifore roges whiche he knewe wel garnisshed of vitaille for the whiche thiÌ„g thex kept hem stronge So feyned Denys to make a peas with theym that he wolde goo to another parte but in the couenauÌ„t made betwene hym and theym was comprysed that they shold delyuere hym vytaylles for hys money vnto a certeyne day And whan he sawe that all they re vitailles were almost gon coÌ„sumed awaye wherof they rought not bicause they trowed to haue had peas that they re landes were almost ripe for to be reped vp he cam on a fresshe vpon them that soone were famysshed thus toke hem Item whan alexauÌ„der wold take the cite of lencadye whiche he knewe was stowred with vitaille he toke first diuerse townes castelles for the nones suffred the peple that was ynne to entre the said cite of lencadie wherunto they fled full faste to th ende yâ— they re vitailles shuld the sooner be consumed goon he toke good hede that noo vitaille might com to them by al thus he toke hem Item Yphitrates whan he kepte tharente he founde a watche man a slepe so strake slewe hym and whan men blamed hym for the same he ansuerde that he had lefte hym as he had fouÌ„de hym that is to say that he reputed a man aslepe as for dede ¶ Of amulcar duke of cartage of haymo Emperoure of affryke of hanybal and of valesius ¶ Capitulo xo· Amulcar duke of cartage knewe wel that the romains were wouÌ„t to receyue benigneli they re enemies whan thei tourned them to theire parte that in grete worship they kepte hem yâ— specialli the souldiours of gallia therfore bi cause that he wolde haue them by suche awaye ordeined agrete quantyte of them of his oost that he knew mooste true to hym And made them to goo to the ost of the rommayns as they had be rebell vnto hym and wolde take parte wyth the romayns So was this subtylite double worthe vnto the said duke That is to wite in asmuche as his enemyes were of theym slayne and that they durste receyue neuer syn noone of the his that wolde departe from him Item Haymo emperoure of Cartage had a muche grete oste in cecylle ayenst the romayns and knewe that in his oste emonge other of his folke he had wel foure thousaÌ„d Frenshmen that were accorded emonge them self for to goo toward the romayns for to take they re parte by cause that they were not wel payed of they re wages Haymo durste not punysshe hem for fere of rebellion but he dide purueye thrughe meanes of a wyle to this inconuenyent He called vnto him the captaines of the said folke speke faire to them a promesse he made hem that within a certeyn daye he sholde make satisfaction vnto them but the last day of the terme excepte one that he shulde kepe his promesse whiche he wolde nor conde not accomplysshe wherfore he wiste wel that they shulde departe he sent toward the duke of the oste of the rommayns one of his knightes that true was to hym as thoughe â—e had ronne awaye as rebelle vnto hym that tolde the said duke that he shuld kepe him self wel that vpon the nyght next comynge foure thousand of hys enemyes were poynted for to entre vpon hys oost wherof the romayn duke for fere lest this shuld happe ordeined that the moost partie of his ost for to watche yâ— nyght the whiche full soone ranne vpon the said frenshmen whan they sawe hem come by al thus cam this wel to passe for haymo for the romaiÌ„s loste there many of theire folke was adveÌ„ged ryght wel of them of galia that so had goon awaye from hym for they were al disconfiâ—ed slayne Item by suche anothre manere was adueÌ„ged hanibal vpon diuers souldiours that he knowe were goon awai bi night froÌ„ his oste for to goo to the romaiÌ„s for he made to be published throughe his oste the noone shuld take nor holde them that so were departed from hys ooste for falce nor rebell that they as worthy knyghtis gode they were so goon awaye by his comandement secret ordynaunce bicause they shulde knowe the couuyue couÌ„seyll of his enemyes for to do a certeyne thinge that he had comytted them vnto And this dide so hanybal bicause that he wiste wel that the romayns had som espies in hÌ„is oste that soone shuld goo telle them this and so they dide wherfore the romayns toke incontynently al thoo that cam from hanyballis oste made they re haÌ„des to be smytten of syn they send hem ayen vnto him Item the hed captains of the romaine folke kept the fortresse of tharente and he sent hys messangers to hasdrusbal that had hym beseged that he shuld yelde to hym the said fortresse so that he wold late hym goo sauf hole But whyle thys parlyament was kepte by whiche hadrusbal held hym self as al asseured and euyl watche he sette valeryus that hys aduantage
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
reasons shal bring forth many one for a wittenes of the same And first in rehercyng that whyche the other Auctoures testyfyen and sayen that is that the grettest gode that can be is peas loue and vnyte to be had in a comynalte without diuysyon and that an ouer harde thinge it were that suche peple myght be of what someuere puyssauÌ„ce or power dyscomfyted and dystroyed thys approueth the ansuere that the wise magicien tinsealx madevnto Scypyon whan he axed hym how it might be that they of the cyte of Munyence hadde kepte hem self so longe ayenst the puyssaunce of the rommayns he sayd that it was by the ryght grete concordaunce that was emonge hem and with peas vnite is also ryght good to be had in a fortresse or cyte suche prynces or soueraynes that owe grete fauoure a loue to the place as the noble Canullus wel shewed that souerayne was of the romayns oste whan that Brenyus of swaue had dystroyed the cyte of rome by werre and went awaye wyth proyes and grete rychesses But the said noble men not wythstandynge that the romayns hadde exilled hym wrongfully out of they re cyte whan he knewe the grete myshappe he was full sory And gadred soone of folke al that he myght doo for he was of a grete auctoryte and went ayenst Brenyus that noo kepe toke of hym and slewe a grete parte of hys peple and hym self putte to flight and a grete hauoyre he dyde conquere there of the whiche he bylded rome ageyne and brought in ayen with hym theym that were banysshed And for this cause he was called the seconde Romulus And euyn thus as a ryght grete good Ioye and gode happe is or cometh to a cyte whan she is in peas and vnyte within her self ryght so all euyll desolacyon and parell is there in tyme of dyscorde and ofdiscencion the whiche thinge is her totall and veray destructyon as namely saith the holy scrypture For by dyscorde and altercacyon cometh and aryseth comynly a grete dyfferent and contencyon amonge the comynaltee of a towne that is to wite thrughe cause of pryde and of arrogance one ayenst another by enuye and by coueytyse wherof may noo good come as it happed in rome of they re bataylle cyuile that to the rommayns was so gretly preiudycyable that al most they had vttirly vndoon dystroyed hem self therby for the grete pryde that was in they re prynces that is to wite Scilla Maryus to whome were come to ayde of two parties pompee Pertorius and Marius that othre hyghe men were of grete proesse and auctorite In whiche werre were slayne in dyuers bataylles or euere hyt ceassed as Recounteth the historye xxiiij of they re prynces that were hed captaynes six of they re souerayns and xl highe barons of the romayn peple C l thousand without other â— strauÌ„gers that were to they re ayde So ought wel to be eschewed suche an euyll acursed contencyon and debate ¶ Of the same YEt to this propos of puttyng trusty folke in to castelles cytees and that gode kepe ought to be taken that they be not ouer muche couetous as by thys manere of waye many cytees and townes haue ben betrayed solde robbed It apyereth by thensample of the cyte of Sinopen that was grete stronge riche and full of peple whiche Mytrydaâ—â—es the kynge had taken to two knyghtes that he reputed good and true to hym but full euyll they kepte hit â— For them self wyth they re folke dyspoylled it and after that they had sette hit a fyre they fledd and went awaye wherof a merueyllouse aduenture happed For thenne as the duke of the oost of the romayns dide arryue there for to sette his siege bifore the towne he had grete merueylle what that myght be And whan the cas was tolde hym he made to calle atte the yates and whan the yate was open he gyuyng to them of the towne gode assewrance made his owne folke to putte out the fyre And thus was werred the sayd Sonopen by theym that shulde haue kepte hit sauffe And socoured and holpen by them that trowed to haue dystroied hit a noone ¶ Item that couetouse folke may be of grete hynderaunce vnto a cyte or castelles It appyereth by the wordes of Iugurta the kynge of Munydye that a grete enuye and couerd hate bare to the rommayns hydd vndre coloure of feynted loue but for to deceyue hem bettre he gaffe grete gyftes vnto the pryncypalles of them and in this dooynge he sewed sedycyon and dyscorde emonge the cytezeyns And thus werred them they re ennemye that they reputed for a frende wythout that they perceyued it nor were aware therof tyl that at hys departyng fro rome where as by fyctyon of grete loue he was come he coude not kepe hys herte that was swollen wyth enuye but he muste caste out suche aworde Thys stronge cyte were lyghtly to be taken who that hadde ynoughe for to gyue ¶ Wyth thees thynges is to wyte that many a tyme is happed a grete Inconuenyent in cytees and landes and namely in an ooste by cause of grete quantyte of strangers as hyt happed in Rome in the tyme of they re conquestes where they had an vse to take in scruyce wyth them the prysonners that they toke for to doo suche occupacyon and besynes as they wolde sette hem for to doo ¶ Wherof it befell that ones so many they had that more than tuenty thousand arrose togyder as rebell ayenst the rommayns and bare them muche grete dommayge or euere they coude comme at an ende for to destroye hem But after thees thynges thus sayd whiche may serue for ensample we shall retourne to the fyrst propos ¶ Of leyenge of a syege and of sawtyngys of fortresses ¶ Capytulo xixo· WHen the tyme is comme that an oste cometh to laye a syege byfore som cytee or fortres whiche tyme ought comonly to be yf the hed capytayne be wyse in the season of heruest or soone after by cause that thenne it is to hym profytable for two reasons One is that he shal fynde more of vytaylles vpon the feldes and that other by cause that he shall greue dobly hys enemyes that is to wyte by syege assaulte and by takynge awaye fro them they re corne and they re wyne and they re other vytaylles whan they sholde gadre theym for to fournysshe they re towne And he shall see that hys ost be lodged the moost nere that he may and shall wel aduyse afore the grounde and the sytuacyon of the place yf be he not by some other suffysauntly therof informed to th ende that the syege be layed best to his advauntage for to dresse hys engyns vpon a conuenyent grounde and to advise what parte he shal best gyue assaulte And yf it semeth hym best he shal doo make about the ooste good dyches and shall fortefye the grounde aboute wyth palys as it were a fortres to th
x gonnes and the pouldre that behoueth therto ¶ Item another knyght or squyer shal be charged for to lede conueye six score vesselles or ther aboute laden wyth vytaylles and of artyllerye gonnes paueyses and other habillementes and shal haue with hym two hondred men of armes a hondred balesters and câ— carpenters all archers yf yt may be Item another knyght or esquyer sage and experte shal conueye the grete shyppes wherynne ben the grete gonnes the coyllardes and engyns vytaylles and all habyllementes and shal haue wyth hym a hondred men of armes a hondre men of shotte ¶ Item for to conueye the vytaylles that shal come by lande and other nedefull habyllementes shall there be ordeyned another notable knyght or squyer that shal kepe the marchauntes vytayllers that they be not robbed nor espoylled and shal haue wyth hym two hondred men of armes a C crosbowes and a hondred archers And of another parte vpon lande shal there be another that shal conueye semblably the forsayd necessary thynges that he shall haue with hym men of armes and of shotte after that it shal seme gode to be doon ¶ Deuyseth of other habyllementes ¶ Capitulo xxxij OTher knyghtes and esquyers vj or viij wise and expert in armes shal be chosen and stablysshed for to chuse and aduyse the place where the syege shal be leyde and the bastille sette vp and also of engyns gonnes and other habyllementes Item there shal be ordeyned maresshalles for to departe and deale the lodgyses to the best that may be doo and to see that the vytaillers and marchauntes may be lodged at large and wel also folke of crafte to th ende the ost may be the better serued ¶ Item there shal be a crye made in al the townes there about that men brynge vytaylle from all partyes in to the oste and the gode men shal be wel payed and kepte from alle dommage ¶ Item another crye shal in lyke wyse be made vpon peyne of dethe that none mysdoo nor hurte by noo manere of wyse in noo thyng the sayd vytayllers crafty men and marchauntes and noo thynge be take fro them wythout money And also that noone be so hardy to sette hys ware at a higher pryce than Reason and tyme requyreth nor to selle them for to be borne out of the oste ¶ Deuysed the manere for to lette and kepe the hauen fro the enemyes ¶ Capitulo xxxiiij By cause we haue said here by fore that for to assaylle a fortresse grete and stronge of whyche the one syde is vpon the see or vpon a grete rynere were expedyent the forsaid appareylle to be hadde It byhoueth also to aduyse how thayde and socours that by the see myght come to the sayd fortres myght be letted It is to be knowen thenne that there muste be hadde x or xij grete olde vesselles of the see that shal be charged with stones asmuche as they can bere whiche vesselles thus laden shal be broughte in to the hauene of the said fortres or towne and there they shal be drowned so that they shal compryse and fylle all the said hauene that noone other manere of shippe shalle mowe come therynne for to approche the said fortres nother by floode nor by hygh sprynge of watre ¶ And for suche vesselles to conveye by cause noo lettynge cowde be putte therto there shal be a gode captayne ordeyned that shal haue with hym foure thousand men of armes and fyue hondred men of shot or moo whiche shal be in other shippes and shall drawe after hem the sayd shyppes so laden with stones And yf eny gytee wharffe or eny brygge were there or som other grete ryuere wherby the dyches were fylled this felawship myght breke hyt therwhiles and gyue an yssue to the watre for to haue hyr cours to another parte And vpon the sayd shyppes so drowned as it is said may be made two bastilles that shulde be made in manere as bolwerkes that is to wite an edyfyce made with grete tymbre as highe as men wil whiche may soone be doon that hath help ynoughe and thys bastylle muste be aduironned with hirdels aboute and dawbed thykke with erthe and clay therupon and it may be sette vpon wheles And this edyfyce feereth nother fyre nor stroke of gonne by cause the pellettes and stones that are shot fowndren depe in to the erthe that softe is nor â—yre may not take therto And the bastille of whiche is spoken bifore made with palysses ought to begynne atte this bastille made of erthe And thus to goo rounde aboute the fortres or towne who that may from that one bastylle made with palisses to that other bastylle made of erthe And al thus by takyng awaye of the ryuere and to doo after this manere yf the place be so dysposed the dyches shal be made dreye And wyth thys men shall mowe make a gytee aboute the toune in manere as bolwerkes as it is said by cause noo gonne nor noo manere of shotte shall hurte the ost And by al thus men shal mowe myne the castel or towne syn the watre is taken from hym and when the catte and the bewfrais shal be lefte vp and dressed and that the gonnes shal haue broken the walles then shal men surely assaylle ¶ Deuysed the engyns that be couenable to the fayttes of assawtes ¶ Capitulo xxxv ANd it is to be knowen that for to sawte all stronge places there ben fyue pryncypall engyns as vegece sayth by the whiche men may take hem that one is that same of whiche by force of a pouldre made of charcolys Salt petre brymstone and suche mixâ—ions that behouen therto are caste by grete strengthe so grete stones that they bruse and shouen a doune all walles houses toures and all that they recontre and of them be some of merueyllouse force that one more than that other Item men maken another engyne whiche after is called as vegece saith mosselle or motelle is made as a flatte hons and large and couered wyth horsdonge bicause that noo stones nor noo fyre may hurt nor gryeue hit and it is made vpon wheles and may be caryed where men wil within this engyn are folke hidde that drawe after them braunches of trees and all thynges that be good to fylle dyches with all by the same waye men may vse therof in suche a cas that wil wherby awaye shal be gyuen to other engyns to be broughte vnto the walles Item the thirde engyne is called Mowton and is made of tymbre in manere of a house couered aboue vpon whiche couerynge and all rounde aboute are nayled rowhe hydes and all wete and fresshe by cause fyre shal not mowe take therto In the forefronte of thys house is a grete maste that hath the ende couered with yron grete and massy Men drawe this maste with chaynes and it is made by suche manere that men may shoue it forthe and wythdrawe hyt ayen so that they that be
to other and so lyghtly they slewe them all And by this manere of wyle many cytees townes haue be taken Thus was the grete cyte of troye distroyed semblably shulde the cite of rome haue be dystroyed that tyme that haniball of cartage was at sege byfore had not be the crye of the ghoos that by aduenture awaked the watche bicause that suche thinges are comoÌ„ly att all owres And lytell houses ought to be made vpon the walles for to kepe the watchemen from colde in wynter and fro the Sonne in the somer And in olde tyme was an vsage to norrysshe grete mastyuys sore bytynge dogges in the said lytel houses and wythin the towres to th ende that by them shulde be knowen by they re smellyng the comynge of they re enemyes Wyth thees maners and wayes of deffences techeth vegece to them that be beseged and closed to be curyouse and dylygent for to wite knowe by spyes and other meanes the couyne of they re enemyes Nor nothynge is more helpynge For by thys they may the bettre appoynte they re dooynges Wherby yf they be of a gode corage and that they may knowe that they re aduersaryes be not vpon they re warde or that they be at they re refeccyon takyng or sportyng here and there nor haue noo suspecyon that they of within com out to be fyght hem thenne shal they sodaynly attones renne without the towne vpon hem Ane namely yf they canÌ„ yssue out of som fause dore or posterne at the bak syde it is the bettre and they muste kepe wel that they re couyne and entreprise be not accused nor knowen wherby som busshement myght be sett for them by they re aduersaryes that shulde slee hem as they sholde com oute But yf they can surpryse them by the forsaid manere of waye and that a hardy corage lede hem they shall mowe make hem self quit at that tyme of them to thys purpos of a hardy corage of cytezeyns makynge deffence for they re cyte hit was seen full merueyllouse within the hertes of them of the cytee of munyence in hyspayne that tyme that the romains by dyuers bataylles had brought hem so lowe that they durste make nomore noon yssue out of they re stronge cytee Neuerthelesse they delybered emong hem that they shulde rather dâ—ie all than to lyue as boÌ„dmen but first they wolde selle hem self fall dere fightyng with they re ennemyes ¶ And therfore of suche a quantyte of corne as they had dide brewe a drynke myxte withsuche manere of gere the astre they had taken hyt they were all dronken So yssued they oute theÌ„ne and so grete fayttes of armes they made that or euere they coude be all dystroyed they had slayne almost al they re enmyes And yf that ony party had be equall in quantite to that othre party not one Romayn shulde haue be lefte there alyue But to the fyrst purpos sayth vegece And yf it hap to fall so that thys enterpryse be not fortunable for them and that they be Robustly rechassed they muste byfore haue ordeyned that the yate be redely open for them And yf the enmyes be so hardy that they come tyl vpon the brygge or namely wythin the gate folowyng the chasse they muste be soone shet and closed wythinne and that vpon the wallees be stones ynoughe and gode shot for to coÌ„ueie them thâ—ns â— al manere of engyns so that they all nor noo grete â—eeâ—e retourne not a lyue so shal not the getyng be al togyder foâ— them But yet it is a grete parell for to fyght vpon a brigge Exsample by a kynge of Gallya called Brenyus which wyth hys grete oste that he led ayenst the rommayns he onercharged so sore the brygge that he had doo make of tymber vpon the ryuere of the rosne that hit brak and therfore were hys men peryssed there ¶ Item and yf it happe that by a manere of patysse or by som accorde or treatee shulde be bespoken for to haue or delyuere afortresse men muste soueraynly be aduysed and wyly that the vntrouthe and trychery of som euyl and malycyouse folke may not deceyue the innocencye of the symple For it hath be seen many tymes that euyl couenaunces and peas by fyctyon made vndre coloure of gode concordaunce haue letted moche more than hath doon strengthe of armes ¶ Of bataylles that be made vpon the see Capio· xxxviij FOlowynge the thynges be fore said he toucheth shortly ynoughe atte the ende of hys boke of som couenable weyes longynge to bataylles that be made vpon the see or vpon flodes and ryuers And fyrst he speketh of the facion and makynge of the shyppes and galeyes sayinge that nother in marche nor in aperyll the trees that thenne haue habondaunce of humore ought not to be felde a doune for to make eny shyppes with all but muste be cutte thrawen doune in Iully and in the moneth of Auguste whan the humidytee of the trees begynneth for to drye vp and that namely the bordes that therof be sawen made therof ought not to be occupyed tyl that the weet be cleen goon fro them and that they may shrynke nomore With this he saythe that for to naylle the bordes of shyppes the naylles made of bras are best how wel that naylles of yron be stronger but by cause that the bras hath more of moistenes within him self it kepeth bettre more long in watre without rotynge ¶ Item he saith that they that by the see wol goo be it in armee or to som other adoo ought syngulerly to purueye of gode maryners expert and gode maistres that be able to that office and that can well skyl of the wyndes and whiche thynge may lette hem and whiche not from the parelles of the see and that knowe the wayes and the straytes and al so the manere of comyng out and of al manere hauenys passages and that can goode skyle of the lyght marynall that is to say the sygnes and sterres of heuen wherunto the gode maryners taken they re regarde and dresseth them to they re ryght waye And also in al other tokens wyhche shewen fortune of the see to come shortly whiche tokens appyeren aswell by the sonne as by the moue by the wyndes and by the byrdes and namely by the fysshe of the see And that they be all mastres of rewlyng of they re saylles of drawyng of ropys and kables whan tyme is and aswell of castynge as takyng vp of theire ancres whan nede requyreth as whan they fynde hem self in bataylle vpon the see and in other aduentures ¶ Item the purueaunces duely made as it apparteyneth for to arraye a caruell ryght wel for the werre or suche veselles as men haue they muste be wel furnysshed with gode men of armes and of shot and he sayth that thoo that goo for to fight vpon the see apparteyneth to be bettre more strongly armed than thoo that fyght
vpon the lande by cause they meue not so muche So ought they to haue amonge hem som small vesselles made at advauntage that may rowe and saylle byfore all other euery where for to aspye and knowe the couuyne of they re enemyes and when they come nyghe to seke them men ought thenne to grete hem ryght well with gode bombardes and stones cast wyth dyuers engyns and with stronge balesters and when the shyppes ben proched tyl eche other the valyaunt men of armes that trusten in they re strengthe putte doune the brygges and passen ouere in to the shyppes of they re aduersaryes and there with goode swerdes axys and daggers they fyght togyder hand to hand And in the grettest vesselles of werre men make som tyme towris and barbacanes to th eÌ„de that like as men do from the hyghe walles they might cast donne dartis and wounde and slee It is a cruell thynge of suche a bataille where as men not onely by armes but also by fyre and by watre doo perysse and hauyng no powere to glanche a syde nor to flee are lyuered oftentymes there all quyke hole to the flode and vnto the fysshes brennyng arowes and dartes ben there thrawen that be lapt in tawe in brimstone in pitche and in oyle ayenst the bordes of the shyppes that be made of drye wode and enoynted wyth pitche whiche lightly be taken with the fyre And thus somme perysshen there by yron some be there brent and the other be constrayned to lepe in to the watre without eny mercy and by thees wayes perysshen dyuersly many one that fight vpon the see ¶ Deuyseth of the garnysons that behouen to men of werre that ben vpon the see ¶ Capytulo xxxix SO ought fyghters vpon the see to be garnysshed of vesselles full of pytche and of rosyn of brymstone of oyle whiche thynges ought to be medled altogider lapt al in tawe thees vesselles kyndled glowyng hoot men oughte to caste in to the shippes gallees of the enemyes to assaille hem strongly forthwith to th ende that they haue noo leiser to quenche the fyre it is to be knowen that there is a manere for to make compose certeyn fyre whiche som folke calle grekys fyre and yt may be so called wel by cause that it was first fouÌ„de by the grekys beyng at the sege byfore troye as som sayen Thys fyre brenneth namely in watre and stones yron and al other thynges hit wasteth Nor hyt can not be quenched but by certeyne myxtyons that men make for this cause Also there be made certeyne poysons so strong so mortall that yf eny yron were touched with the same and after ward shot or thrawen to the body of eny man so that the blode lytyl or grete cam out the wounde shulde be dedely But suche thynges ought not to be doo nor taughte for cause of the evylles that myght folowe For they that soo doo are deffended and accursed It is not gode to wryte them in bokes nor more plamly to recyte them be cause that it is not lycyte to noo crysten man to vse of noo suche inhumanitees that namely ben aienst all right of werre It they that fighte ought always to awayte of al theire powere to dryue and sette theire enemyes a grouÌ„de to kepe them self in the depnes of the see Item to the maste of the shippe ought to be made fast a bygge tree whiche shal be armed with yron of that one part and there sette by suche a crafte that men may haue hym vp doune for to gyue grete strokes with all ayenst the shyppe of the enemyes so may be brused to peces whiche engyn may serue as doeth the mowton a forsaid It they muste haue grete foyson of arowes with brode hedes that shal be shot ayenst the saille tyl that it be so peced so rented that it can not holde wynde noo lenger so shal they not conne goo noo ferthere Item a croked yron mistereth them made after the facion of a zeâ—â—ll wel sharp and trenchaunt with a long hafte wher with all they shal cutte asondre the ropis cordes that seruen to the shyp of the aduersaryes with hokes of yron that they shal caste withinne they shall grype her so shal brynge her and theires togyder so that they shal not mowe escape It it is gode to haue grete quantyte of pottes filled with softe zande whiche after they be ones caste in to the shyp of the enemies they can vnuthe stande vpon they re fete so slydrye it is so falle they thenne in to the watre that be nyghe the borders of the shypp And semblably ben good to be cast therinne pottes full of quyk lyme made in to pouldre whiche at the brekyng of hem shal fylle al theire eyen and theire mouthes so that with peyne they can see afore them It with thys they oughte to be garnyshed of certeyn men that be lerned taughte to swyme and plonge in to the watre and wyth a long breth to kepe them self therynne whyche men shal goo vndre the schip of aduersaryes whiles that the bataylle lasteth and with grete wymellis and awgours shal perce the ship vndreneth in dyuers places so that the watre shall entre on all sydes Item grete foyson of stones and sharp yrons ought to be there lanched aand thrawen and al other thinges wherby they may sooner breke the ship After the forsayd thinges I may now wel vse of vegece hys owne wordes atte the ende of his boke thus saienge I byleue that from hens forth I may wel holde my peas of the dyscyplyne of armes For in thees thinges the custome and vsage fynde often more of the art and of newe thynges than thauÌ„cyent doctryne doeth shewe ¶ Here fynyssheth the seconde partye of thys boke sequently foloweth the thirde partye that speketh of the ryghtes of armes after the lawes THe first chapitre deuyseth by what meane xprystyne added to thys boke that whiche is sayd in the lawe of the fayttes of armes ¶ Item demaundeth Cristyne the maister ansuereth yf the emperoure may of ryght moeue werre aienst the pope c ij ¶ Item whether the pope may moeue werre ayenst the Emperoure Chapitre iij ¶ Item deuyseth of the puyssaunce and auctorite of the hed captayne after the lawe and for what causes the men of armes may renne to the peyne capitall C iiij ¶ Item whether a vassall be holden by ryght of the lawe to serue his lord in werre atte his owne propre expenses C v ¶ Item demaundeth whether the feed men be more holden to helpe the prynce souerayne in hys werre than namely to theire naturell lorde yf a gentyl man holdeth two tenementys of two lordes that make werre that one ayenst that other Whiche of them he ought to helpe ¶ Item whether al manere of souldiours after the ryght of the lawe may goo in all manere of werres deuyseth of the parell
deffended emonge crysten folke by the lawes of god To thys questyon dere loue I ansuere the And thy self hast touched of hyt al ynoughe in the bygynnyng of thys boke that to al Iuste werre may goo euery man that wyl and take wages for to serue to the same for a Iuste werre for to kepe or recouere ryght wherof the ryght wayes therof be not trespassed that is to wyte that spoyllynges nor robberye be not made vpon the countrey where frendes be nor other dyuerse greuaunces and dommages of whyche men of werre comynly vsen wikkedly in whiche dooynge they mysdoo gretly is not vniuste nor deffended by the lawe but it is permytted to be For it is a veray excecusyon of Iustyce that god suffred and consenteth to then de that wronge may be brought ayen to ryght thonghe that god suffreth werres to be made som tyme dyuersly ayenst ryght and reason the whiche is as the scourge of god and punyshyng for the synne of the folke but for to come ayen to the fyrst propos I say to the that euery man that ryghte wisely wil expose him self to werre he ought first to be right enfourmed of the quarelle and knowe whether the chalenge be iuste or not yf thou aske me how he shall mowe knowe the same For of all partyes that folke doo make werre euerychone sayth that the caulÌ„e of hys quarelle is iuste Late hym enquere yf suche werre hath be Iuged fyrst of gode Iurystes or lawers or whether it be for cause of deffense makynge For in cas of deffence al werre is gode that is to wyte to deffende hys countrey yf hyt be assaylled And that herof ought the man of werre to be wel enfourmed or euere he putte hym self therto I wol thou knowe that yf the quarelle be Iniuste he that thus exposeth hym self dampneth his sowle and yf he deyeth in suche astate he goeth in to the waie of perdycyon without grete repentance at the laste but litel force they make therof For ynoughe there be that care not what the quarelle be so that they haue gode wages and that they may robbe ¶ Helas the dolent and sorowfull deth coâ—myng oftymes sodaynly may sende them in to helle anone with one stroke onely ¶ Here speketh of the wages of Souldyours Capio· viii TO th ende that the noble men that thys present boke shall mowe rede or here aswell for the tyme present as that is to come may knowe of whyche thynges the lawe gyueth lycence to be doon in the werre and of whiche not And by cause dere loue that here byfore thou hast remembred me of wages that souldyours ought to haue I shal telle the one partye of that wherynne the man of werre byndeth hym self takyng wages and also in what manere the lorde is holden to paye the sayd wages and in what manere not For suche thynges be conteyned in the lawe Fyrst it is to wite that euery lorde or certeyne towne or comyn lordship that taken folke in to wages is holden to paye them for al the tyme that they be so taken be they putte to werke or not and namely supposed that they were soiournynge dyde nothyng so that the fawte were not in them and that they were alwayes redy for to employe themself yf fawte of payement be there made after the promesse I saye that by ryght and reason they may aske hyt by faire Iustyce Nowe maister sith that in this matere we be entred and that ye say that the lorde is holden to paye the men of werres wages supposed that they were al wayes abyding in one place nought dooynge I wol to thys propos make vnto the som demauÌ„des First I suppose that a capytayne with a companye of folke be reteyned in to the kynges wages by his comauÌ„dement is sent in to Guyenne or somwhere ellis ayenst hys enemies in going thither hit happeth soo that they lodge hem self in a certeyne place where the folke of the towne haue malycyously poysonned bothe the brede and the wyne there wherby som of them dey and the other tarye therâ—e syke by the space that they shulde haue serued wherfore it is not in they re powere to serue the kynge as they had promysed Soo demaunde I of the yf they ought to haue lost the wages of that tyme to this questyon I ansuere that nay without faille seeyng yet that they re maladye is caused of the seruyce For syknesse by the lawe excuseth the man nor for this case he ought not to lÌ„ese ony dystrybucyon syth that the malady is com to hym after his retenne in to wages ¶ Another questyon I wyl make vnto the Yf a souldyoure be reteyned in to wages for a hole yere and that in thys meane tyme he haue a doo in hys house wherfore he cometh to the capytayne and taketh leue of hym for to goo see hys wyffe and hys housholde for the space of a monethe I aske the yf by ryght he ought to haue his wages for the tyme that he is soo absent To the same I ansuere the that the nature of the ryght of armes is suche that so grete a myght hathe the leue and lycence taken of the captayne and it is of so grete a preuilage that syth that the captayne hathe wyth good wylle graunted the sayde leue the sayd man of armes ought to be reputed as for resydent and present For alwayes he is abydynge seruaunte to the lorde syth that he was reteyned for a hole yere But it is wel trouthe that yf he were bounde by dyuysyon of tyme that is to wite that without moo he were reteyned att a certeyne for euery monethe there shulde I speke otherwise Another questyon I make A knyght for a hole yere is taken in to wages for to serue the kynge in hys werres after that he hathe serued one quarter of the yere he wol departe and aske hys wages for the tyme that he hathe serued and the capytayne thenne gaynsaith hyt saynge that for one hole yere he had taken hym and yf he had not be he shulde haue taken another and that whosoeuere performeth not his seruyce he leseth his hyre Wherfore yf cas be that he goo hys waye so he mortyfyeth his hyre To thys I ansuere the that good ryght hathe the captayne For yf the man of armes faylle fyrst of hys promysse It is not reason also that couenauÌ„t of wages be kept vnto hym Yet namely more stronge I telle the that yf by hÌ„ys owne deffawte he had loste hys â—orses or hys harneys and that he myght not recouere noon other wherby he were not able to serue he in thys cas ought to lese all the tyme that he hath serued for seruyce ought not to haue noo hyre tyl that hit be complissled in cas al wayes that noon other couenaunt were made For couenaunt and bargayne made passeth all lawe And by all thus thou maiste see that the euyll thynge that medlÌ„ed is wyth
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
thees doubtes saith the lawe with gode ryght that for surete of a persone that putteth him self vndre the power of his enemye can not gyue hym self to grete a preuylege For after the dede doon the restytucyon were nothynge With out faille maister it is trouthe but yet to this propos telle thou me a questyon after ryght I putte cas that a crysâ—en kynge had gyuen a saufconduyt to som sarasyn I aske the what folke crysten ought to kepe hym his saufconduyt for to the purpos of that that thou haste said to fore may sâ—me to me al first that the popis nor the emâ—eroures folke haue nothinge a doo therof where as they be belongynge to a gretter lorde than is the kynge I knowe what thou wilt saye For sothe they be not holden therto nor namely noon other kynge crysten after the wytnes of the lawes the whyche saye that a kynge can not giue noo mauÌ„dement nor ordynaunce wythout his Iurisdicyon And therof I shall telle the the trouthe For som of his owne subgettes myght also doubte that they be not holden therunto the cause why is by cause that the sarrasyns ben generall enemyes of al crysâ—iâ—nyte And it is a thynge of trouthe and also wryton that noo crysten man ought not to receyue ony maner enemye of the lawe of god Soo is a man moche more bounde to obeye god than his temporal lorde as the lawe wytnesseth that saythe that to euery persone is permytted for to gaynsaye hys lorde yf he be suche a man that he wil kepe bere susteyne gyue fauoure to the enemyes of the lawe of god By what ryght thenne shulde be holden the subgett of the sayde kynge for to kepe that same saufconduyt And also the sarrasyns haue not werre onely wyth one kynge crysten but ayenst all and with thys the lawe saith that that thynge whiche towcheth all ought to be approued of all it is other wise nought but nowe another thynge is there to be vndrestande that is to wite that yf it be soo that for a raisonable cause it is gyuen vnto hym as for to purchasse the rauÌ„son of som lord or knyght or som other that is in the sarrasyns handes as a prysonner or for som other cause Iuste raysonable dowbte not therof that not onely the subgectes of the sayde kynge that gyue the sayde saufconduyt but generally all crysten men where as he must passe by ought to suffre hym goo surely for two pryncypall raysons that one is by cause that they shal not saye by vs emonge themself that litel feythe and loue we shulde haue togyder amonge vs that are crysten people whan we wolde not suffre that they shulde purchas the delyueraunce of thoos crysten that be prysoners in they re handes for the feyth of oure god that other yf rudnes were doon to them of the crysten whan they come amonge vs supposed that it were for vteraunce of they re marchaundyses or as ambassatours or for som other Iuste encâ—hoson they myght selle hit ryght dere to oure crysten people that for semblable causes goo amonge them full often Soo ought we to kepe them suche ryght as we wol that they shall doo to vs But yf it happed soo that a kyng or a towne had werre ayenst another and for to aduenge hym self or for som other vnreasonable cause shulde doo come to his aide or other wyse som myghty sarrasyn vndre saufconduyt In suche a cas noo crysten folke subgette or other ought not to suffre hym nor the vasselles nor capytaynes shulde not be reputed for forsworne nor vntrewe to they re lorde for the same For the lawe namely sayth that yf eny body be founde berynge eny lettres ayenst the comon vtylyte men may take hem from him and breke hem wyth out leue of the iuge and another like hyt sayth that al man ought to putte from a bout hym all heretykes and folke that doo ayenst the feyth ¶ Begynneth to speke of trewes and asketh yf that while they laste betwene two werreyers Any towne castell or other thynge may be taken one vpon other And whether that one partye shal kepe the trewes whyche that other partye hath broken or not Capytulo iiij MAyster me semeth that there is another assewryng of werre betwix enemyes that men calle trewes whiche is as one manyere of a peas made for a certeyn season So wol I therfore som what wyte of the of suche questyons as I shall make to the concernyng the same by cause that other while I haue harde saye in som contreys where namely it hath be som tyme vsed that it is noo grete euyll in tyme of trewes yf men see they re aduauntage for to take or stele by som cawtele som towne or castell or som gode prysoner yf they may So demaunde I of the yf it is trouthe that men may do soo without wronge to doo Wherby to thys I ansuere vnto the that who someuer do soo he enfrayneth the pure ryght of this that trewes conteynen And to th ende thou shall knowe hit best soo that thou mayste in thys partye testyfye it the bettre I shall telle the what oure maisters sayen therof Fyrst of all they saye that trewes is a royall assewrynge that by noo ryght ought neuer to be broken vpon peyne capytall lyke as the ryghtwis lawe of a kynge or prince ought neuer to be broken ¶ Item that trewes â—onteynen thre pryncypall thynges that is to wyte suretee youen for goodys moeuable and other goodis ¶ Item semblably to men and thirdly hit draweth to a treattee and to hope to haue peas And thenne syth that trewes conteynen in hem self suche thynges bothe in generall and in especyall by what ryght myght the one partye take other towne or castel or other thyng vpon that other partye dere loue with out faylle they that doon soo or that contryuen that yt may be doon without wronge they sett nothyng by the ryght soo fynde they dyuerse maneres of begylyng And sythe that they wol couere they re falshed with ryght and with the lawe whyche vttyrly is ayenst hem there as she sayth that al thyng taken and vsurped vndre truste of trues ought to be yolden ayen and restored and all the costys payed the name of trewes ought not to be called amonge suche men But they re dooyng ought rather to be cleped extorcyon deceyte And wyte thou what a kynge or a prynce ought to doo of hys owne folke that suche a vylany sholde doo to hym as to make hym lye and not sayeng trouthe of hys promesse and affyaunce made On my feythe to make they re hedes to be smytten of So shulde other take ensample and thys is the sentence of the lawe and therof he shuld gete suche a gode name that he shulde be reputed a ryghtewis kynge and more doubted he shuld be therfore And by the same he shulde gyue to hys enemyes cause for to yelde them the sooner and gladlyer vnto hym the whiche
yf they be broken of them and that he can haue som of them to hys a boue noo raunson ought not to spare them but that they be pugnyshed as it apparteineth And I aske the mayster yf the kynge of FrauÌ„ce and the kynge of englande had sworne a trewes togyder for a certeyn tyme and that the sayde kynge of englande shulde breke hem in dede shulde the kynge of Fraunce be holden to kepe for it myght seme ye seeyng that supposed that yf one doo som euyll another is not holden to doo hit semblably but ought euery man to kepe his trouthe within hym self I telle that syth that one of the two kynges whyche that he be and of all other in lyke cas hathe broken hys promesse and hathe for sworn hym self that other is not helden to kepe hys othe that he had made vnto him and for the same he for swereth hym not for after ryght syth that men haue broke fyrst couenaunt wyth hym he is not bounde to kepe the same but he is assoylled by the ryght wryton of the IugemeÌ„t therof And that worse is he shuld synne dedly yf he shulde suffre hys owne folke to be slayne for fawte of his owne deffense ¶ Here speketh of one manere of werre called marâ—ue to wite yf it is iuste Capytulo v MAyster where yet I am not satysfyed with thy wyse and Iuste conclusyons I wol make vnto the certeyn questyons and demaundes vpon another manere of dyffeâ—rence that nyghe draweth to werre whiche I wot not whether it is of ryght or not For the auncyent gestes make noo mencyon therof but the prynces and the lordes syn the auncyent lordshipes haue taken to vse therof whiche is called Marke that is whan a man of a royalme as it were of Fraunce or of som other lande can not haue noo ryght of certeyn wronge doon to hym of som myghty man straunger wherfore the kynge gyueth hym a manere of a lycence to take arreste or to putte in to pryson thrughe strengthe and vertue of certeyne lettres opteyned of hym marchauntis and all other and in likewyse they re goodis that cometh out of the lande and countrey of hym that hath doon the wronge vnto tyme that ryght and restytucyon were made vnto the party playntyff of his actyon and demaunde Soo wolde I gladly wite yf suche a thinge cometh of ryght For a grete merueylle it is to me that a man of the couÌ„trey of hym that hathe doon the mysdede that haply neuer see hym nor is not coulpable and yet for thys cause he shal be arrested or putte in to pryson and his goodys taken yf he be founde where as he that was wronged hathe powere and shall must nede paye and restore that wherof he oweth nought nor hathe no gylt therunto Doughter dere to saye trouthe thou must knowe after the wrytynge of thauncyent ryght that thys manere of werre that is called marke thrughe whiche one taketh and bereth domage for another wythout hys desserte is not iuste nor the ryght wryton graunteth hit not the whyche ryght hath ordeyned that yf a marchaunt of parys or of whens he be of is bounde to a marchaunt of Florens whiche asketh iustice byfore his iuge but he can not haue of hym hys askynge the marchaunt florentyn may pursue his debytour to fore the kynge tyl that ryght be admynystred vnto hym But for to saye that by cause that a marchaunt of paris is bounde vnto hym he myght putte in pryson another marchaunt or bourgeys of parys or of some other place of the royalme or hys goodis to take vndre arrest veryly for to saye thys manere of fourme is nother of ryght not of rayson grounded But see here what of ryght may be doo therto whiche lordes haue brought vp for thys cause I suppose that an ytalyen were holden to a Frenshe man of a grete some of syluere of the whiche bonde he wyl defrawde and begyle hym that is hys credytoure wherfore he forsaketh hys owne countrey and goeth dwell in england by cause that he knowe well that the frensheman shall not goo for to pursue nor plete with hym there Or ellis thys 〈◊〉 fall another manere of cas A genewey is bounde 〈◊〉 a goo to a frencheman whyche shall knowe well that by cause of the euyll wylle that nowe is betwene the kynge of Fraunce and the duke of Iennes the frenshman shal not goo to Iennes for to pursue his dutee wherfore he shal be of so euyll contynaunce that he shal doo noo force for to make restytucyon what shall thenne the frenshman doo he shall drawe hym self towardis the kynge as a subgcet ought to his lorde for to haue his help that he may recouere his owne goodis The kynge thenne well enfourmed that this man sayd trouthe shall gyue hym marke And in lykewyse the kynge shall gyue the same yf it hap that a knyght or som gentylman complayneth that he hathe be dystressed robbed Iniuried or brought to ashame som where as the kynge hathe noo deffyaunce of werre vnto the tyme that restytucion and amende be to hym made Thys cawteâ—e founde the counseyllers of the prynces for to withstande suche barates and deceytes Thys marke conteyneth that euery personne that shuld be fouÌ„de in the lande of the prince that giueth hiâ— that is of the contrey towne or place of hym that shulde haue doo or shulde doo the oultrage or wronge shulde be take â— his goodis in to the courtis hande tyl that the marchauÌ„t were payed restored or that to the iniurie were made a suffâ—sauÌ„t amende thenne whan the marchauÌ„tes see themself so euyl handled in strauÌ„ge couÌ„treis where as marke is giuen aâ—enst them they fynde suche wayes with the iustice of they re place or towne that he or they that be causers of the wrong that was doon shal be constrayned to contente restore that other for this cause hit was fouÌ„de brought vp and to this propos serueth well a comon prouerbe that sayth that by an in conuenyent is chastysed another inconuenient also by the same hurt is another hurt repayred for by noon other waye can men haue noo ryght of many and dyuerse wrongys that be doon or that might be doo to strauÌ„gers gooynge by the waye But not withstandyng that this thing myght haue eny coloure of ryght I telle the so moche therof that euery kynge or prynce of whom this marke is requyred ought not therfore to graunt hit lyghtly For it is a thinge ouere greuouse and poysaunt Wherfore it ought to be delibered wyth peyne for two pryncipall raisons that one by cause it is a thinge that full sore may hurt a mannys conscyence that other is that it may be a begynnyng of awerre And therfore what ought a kynge for to doo whan he is requyred for to gyue hit ayenst som countrey cyte or towne he ought first enquyre by his president or chauÌ„celler or by som other wise legyste or
man of lawe for what rayson he requyreth the same what cause he hath therto And yf the man sayth that whan he cam fro mylaen were taken from hym in the towne of Ast ten thousand frankis orthe value therof or more or lesse that of them he coude haue noo ryght but they of the towne bare out this thynge though that he dide his deuoire to complayne bifore theire iustyce Thenne ought the kinge to write vnto them praying that amyably they wyl receyue his lettres make restitucyon to be made vnto his subget of the oultrage hurt domage that by onâ— or dyuerse of hem hath be doon and yf it so happe theÌ„ne that for his sendyng desire they wol doo nought make noo force of the kyngis lettres that it be seen delibered by dyreccion of gode couÌ„seil theÌ„ne suche a marke longeth therto the kynge thenne after the costume of the lordes temporall may gyue hit of his auctorite especyall ¶ Yet of the same and whether al lordis may gyue marke whether the kynge ought to gyue hit for a stranger that wil be made his cytezeyne whether scolers myght be troubled by vertu of the same or not ¶ Capitulo vj THeÌ„ne maister yf it happed that the peple of florence or of ellis where had taken in like caas the goodis of a marchauÌ„t of paris how shulde marke be gyuen ayenst that same cyte for yf men goo to the right there most iustice be asked therof to the souerayne iuge of the same place that is the emperoure but how be it that they ben of right his subgetis it is not to be doubted but that they wol doo litell or nought for hym to saie that the marchauÌ„t shulde goo to plee bifore theire potestate of that yere yâ— haply shal be a cordewaneâ— or a tailler yet shal he bere hys gylt gyrdell as a knyght shapyng sowyng his â—hoâ—e after they re custome Soo byleue I that litel ryght he shulde fynde there I saye not onely more of florence than of another cite where as the people gouerneth what theÌ„ne shall herof be made Aa faire loue thaâ— that I tolde the bifore shal be doo the kynge shall sende thyâ—ther his lettres if they make of them noo force he shall theÌ„ne mowe gyue hys marke aienst them lawfulli sith that they saie hemself that they haue noo souerayne but calle hemself lordes of florence maister I aske the yf all lordes may gyue marke My loue I ansuere the nay For as thy self hast sayde repliked bifore noo lorde may Iuge werre but yf 〈◊〉 be souerayne of Iurisdiction And where theÌ„ne this dede of marke after his owne kynde condicion is like vnto werre noon may gyue the same but yf he be a lorde without me ane as the kinge of frauÌ„ce other ben of they re royalmes Now telle me yet I suppose that a marchauÌ„t borne of the cite of mylan hathe ben dwelling of longe tyme in parys hath there housyng herytages landes Wherfore he shal be reputed taken after the custome as a burgeys of the cyte there I aske the yf for this man the kynge shal gyue marke yf the cas as a loue is saide happeth to falle seeyng that he is not of the nacion of frauÌ„ce but is borne vndre the iurysdiction imperyal I ansuere the that after the rule of ryght he that is partener of the hurt charge he ought in lykewise to be partener of the we le coÌ„fort wherfore yf it be so that this marchauÌ„t haue of longe tyme payed the subsidies imposicyons of his marchauÌ„dise goodis vnto the kynge is a burgeys without faylle the kynge is holden to bere supporte hym in al thynges as his subgett citezeyne semblably I telle the of a knyght or som other geÌ„tylman strauÌ„ger dwellyng of long tyme in France seruyng the kynge in his werres soo that he haue lyuelode there of his owne yet I aske the yf for cause of this marke thus gyuen myght a clerk studieng atte the sooles within paris be letted or troubled or his godis arrested I ansuere as aboue that nay nor namely his fader that were come for to see hym there Nor namely the kynge may not gyue marke thoughe the cas so besell ayenst what someuere folke of the chyrche where as he hathe nought to knowe oner them but this longeth to the pope yf they ben prelats of other it lieth in they re prelat that ought to compelle them for to do right reason nor the king by right can gyue therto noo remedy but yf it be atte thynstaunce of his prayer yet I telle the that al pelgrimes of what lande or nacyon so euere they be be it in tyme of werre of trewes or of marke ben in the sauegarde of god of the saint where as they propose to goo to therfore the countrey taketh hem in her especyall sauuegarde wherby they be preuileged aboue all other folke that be reputed as folke of holy chirche he is acursed of oure holy fader the pope yâ— hurteth or troubleth them by any manere of wyse ¶ Here begynneth to speke of champ of bataill and asketh yf it is inste goode that a man shall proue by his owne body fightyng ayenst another that thing whiche is secret and vnknowen Capitulo vij After thees thinges where as I am ryght content of the solucyons aboue sayde right dere maister coÌ„tinuyng the matere of werre I wol make to the other questioÌ„s bi cause that in my tyme I haue somtyme seen vsed infrauÌ„ce of thys wherof I wil nowe speke namely bifore my tyme hit hathe be vsed all ynoughe in other places as for faites of armes that is to wite werre that is onely made betwene two chaÌ„pions or otherwhyle many of one quarelle in a closed felde the whiche werre is called chaÌ„p of bataille whiche one geÌ„tylman vndretaketh for to doo ayenst another for to proue by myght of his owne body som cryme or trayson that is occulted or hydd soo demauÌ„de I of the yf suche a bataille is iuste permytted by ryght doughter dere loue of this matere amonge all other bicause that the noble men that be not clerkis that this bok shall mowe here or rede knowe best what in this is to be doon it pleaseth me right well to ansuere yâ— therof wherfore to th eÌ„de that they yâ— loue the dedes of knyghthode shall vndrestande hem self in this matere that thy self that after me shal writ it mayst shewe yâ— trouthe therof I telle the that emonge the other thingis of armes after diuine ryght also after right humayne bothe canon ciuyll to giue a gage of chaÌ„p of bataille or to receyue hit for to fyght is thing repreued condeÌ„pned amonge the other decrees that forbedeth the same is acursed by the ryght canon aswel he that gyueth
hit as he yâ— receyueth hit moche more they yâ— suffren byholden them now mayst thou see whether it is a thinge that ought to be doon or not that this be true wel dyde shewe pope vrbain the v of that name whan that a chaÌ„p of bataille shulde haue be made atte villenoue by auynon of two knyghtes that had arrested themself for to fight one ayenst that other bifore kinge Iohan of frauÌ„ce the whiche chaÌ„p or clos felde oure saide holy fader the pope as thinge prohibit deffeÌ„ded comauÌ„ded expresly vpon peyne of cursyng the noon shulde goo there for to see the same yf thou or other wold telle me that to doo suche a thinge it is vsauÌ„ce of armes I ansuere the that muche more grete is the right of god more ought men to obey therunto than to the vsage of armes and that it is true that folke ought not to suffre nor doo the same there is many good raisons that dyuine ryght assigneth therto the whiche right diuyne is the ryght of holy chirche wherunto we ought to obey vpon peyne of dedly sinne whiche right deuyne condempneth all thinge by whyche folke wyl tempte god For men wil knowe yf god shall helpe the ryght also as by they re temptyng that god shulde doo myracle the whiche thinge is vndue as for to experimente the wille of god it apiereth for we saie that for to aske a thynge ayenst nature or aboue nature is presuÌ„pcyon it displeaseth god for to trowe that the feble shalle ouercome the stroÌ„ge the olde the yonge or the sike the hole by strengthe of goode right to haue as haue had haue coÌ„fidence they that therto putte hemself suche a thinge is but ateÌ„ptyng of god I saye for certeyn that yf it happe them to wynne it is but an adueÌ„ture not for the gode ryght that they therto haue that this be true I shal by reason shew it to the hathe not oure lorde suffred many a goode man to be putte to dethe wrongfully without a cause of whome the sowles ben blysfully in paradise not this miracle he dede for them shulde theÌ„ne trowe a poure sinner that god shulde doo more for hym than he dide for them Trouthe it is also that oftymes it hathe be seen that he that had good ryght lost wherfore a decretall remembreth suche an historie how vpon a tyme in the cyte of poulent were two bretherne accused of thefte wherfore after the vsage of the same cyte behoued to deffeÌ„de hemself in chaÌ„p of bataylle where as they were ouercome wherof soone after hit happed that within the saide cyte was founde the theef that had doon the dede wherby manifestly was knowen that the two bretherne that al redy were dystroyed were nothiÌ„g gylty therof And thus by cause that semblably it hathe be knowen to hap soo dyuerse tymes in dyuerse landes also that it is a thinge vnraysonable to be doon the ryghtes canonall haue reproued this manere of fyghtyng as the lawe saithe yf by suche a manere men wold proue make good theire ryghtwis quarelle the iuges that be stablished ordeyned for to do iustice were as vayne it is an euyll raâ—son for to saye yf I can not prone nor make gode that that I saie I shall fyght therfore and shall proue hit by my body for noon but god I and he that I appelle therof knoweth it not yf som man wolde saie to me trouth but the euyllâ—s yâ— secretly be doon can not be punished by iustice sith that they can not be proued I telle the that veryly they can not be puâ—nyshed but he that awayteth that the sinne whiche is hid secretly kept be punyshed by hym suche a man wil vsurpe the diuyne puissauÌ„ce the sapieÌ„ce of almyghty god whiche onely apparteyneth to the punycyon therof affermeth a decree that saith that yf all sinnes were punyshed in this worlde the Iuges of god shulde haue noo place another rayson there is that this thinge condeÌ„pneth that is that the lawe cyuyl hathe ordeyned iuges iugement for to doo as raison requyreth in place that noone be taken for a witnes in his owne cause but a man that thus wyl make a proue by his body forceth him self for to breke this lawe It by ryght canon it is yet more reproued for it comauÌ„deth expresly that men shal obeye the pope hys comauÌ„dementê he by a good rayson hathe comauÌ„ded expresly that men shal neuer fyght by suche a manere of wise Fayre loue thus mayst thou see that suche a bataylle is proued to the whiche thing god gra mercy the kynge of frauÌ„ce and his gode couÌ„seyll hathe wel aduysed wherfore hit shulde be noo more in ewre within his royalme the blessid god gyue ioye peas honour paradyse to them that thrughe vertue of gode wit haue entremytted peined hem self that suche a thinge were putte a donne out of that right cristen royalme of fraunce And that all suche other folishe dedes of armes that thrughe yougthe without cause but onely for a manere of pride of one for to ouercome that other without any quarell whiche is dysplaysaunt to god be lefte where this said royalme whiche is the super latyf aboue all other crysten royalmes hathe bygonne thesa me al other yf it please god shal take ensample so to doo that theire noble men dysobey not the chyrche puttyng the body in parell of dethe to theire grete dysworship without a cause theire sowles daÌ„pned lost for euermore O lord god what folyshe enterpryse ¶ For what causes the lawe Imperyal dyde ordeyne champ of bataylle ¶ Capitulo viij But bi cause that the deffeÌ„ses aboue said of the ryght writon haue not be alweies obserued nor kept nor yet be not obeyed in al royalmes as touchyng for to fight in chaÌ„p of bataylle as it is said I shal telle the causes for the whiche they that dede sett hit vp haue iuged it to be doo that is to wite theÌ„perour federik that so muche contraried holy chirche that he chassed the pope out of hys place the tyme whan he cam to his refuige secoure toward the kiÌ„ge of frauÌ„ce also another scripture that men calle the loÌ„bardishe lawe deuyseth therof in diuerse cases the whiche herafter shal be declared by me vnto the first the said eÌ„perours lawe saith yf a man be accused of traison that he haue machined purchassed procured or conspired ayenst his prynce or aienst his cite or ellis to the preiudice of the comyn wele what soeuer the cas be of whithe the trouthe can not be by noo proues knowen that this man so accused offreth to deffeÌ„de purge himself by champ of bataylle ayenst al men that wol saie aienst hym shal be receyued to do the said champ of bataylle It that yf a prisoner of werre be kept in pryson
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
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