hys peple nor he ought not to employe hyt to noon other vse lest hit shulde be to hys grete charge and the couÌ„seiller that other wise shulde conseylle hym hyt were to hys dampnacyon Nor noo gode kyng or prynce ought not to take hede nor herken after the feyned wordes of suche a counseyller but ought to hate hym as enemye bothe to his sowle and to hys body For he shulde counseylle hym hys dampnacyon and sholde putte hym in the waye to lese the loue and gode wylle of hys subgettes ¶ Whether the feed men or vassalles ben more holden to helpe theire soueraine lorde than namely theyr naturell lorde And yf a gentyl man holdeth two feodable tenementes of two lordes whiche make werre one ayenst that other whyche of bothe shall the gentyl man helpe ¶ Capitulo vj SWete maister soylle me thys question I say syth that it is so that a vassall is holden for to helpe hys lorde of whome he holdeth hys laÌ„de ayenst euery man It semeth theÌ„ne that yf a kynge or prynce had werre aienst som of hys barons that the subgettes of the baron of whom they holde shulde be bounde to helpe they re lorde ayenst the kynge or prynce For to the kynge they haue not promysed noo fealtee but onely to they re lorde of whome moeueth they re lyf lode whithout excepcyon Dere loue to this questyon I shall shortly ansuere without faylle how well that by reasons ynouhe thou mayste argue with sayenge that aswell may the lytel man helpe hym selfe of hys after the lawe as dâ—eth the grete and thus thenne why shal not the baron helpe hym self with hys men that fealtee haue promysed hym and not to the kynge cÌ„ And many other thynges that thou mightest adledge to thys purpos neuerthelesse I telle the that all reasons to the contrary after oure lawes ben admilled and of noo value For in good feyth noo subgett is not holden to helpe hym of whome he holdeth hys lande ayenst hys souerayne lorde but mysdoeth and putteth hym self yf he so doo vndre peyne capytall as he that offendeth the ryall mageste For what thowhe the baron be lorde naturall to the subgett Neuertheles the kynge or prynce vndre whomÌ„ they be ys souerayne And yf thou saye to me thenne doo they forsuere hemself I ansuere the Nay For noon othe can not bynde noone to do euyll whiche they shulde doo for to holde in wykkednes with they re lorde that wolde be ayenst they re souerayne lorde Dere maister a more harde questyon and that all ynoughe dependeth here of I will to the make I suppose that two barons of the reame of Fraunce or of som other countrey haue werre one ayenst the other for the whiche cause they sende and calle they re men and soone hyt happeth that the kynge for hys werres and deffence of hys lande hath nede of men and he maketh hys maundement in whyche are comprysed the subgettes of the sayd two barons soo aske I now of the yf they be bounde for to come to the kyng atte hys maundement and callynge or ellis to goo to they re lorde To this question conformynge the precedente I ansuere the that after ryght and lawe they are holden to come to the kynge and leue they re lorde And thre reasons assygneth therunto the fyrst is that the kynges werre or of the prynce souerayne beholdeth the comon wele and vtylyte of all the realme or lande the whiche werre ought to be more previleged than the synguler vtylyte of a baronye The seconde is that they are holden to the kynge of a generall iurisdictyon whiche is of mooste auctoryte and hathe a hghe powere ouere the lowe Iurysdycyon of a baronye Te thyrde reason is that hyt apperteyneth not that the lowe offycer haue auctoryte nor puyssaunce to be obeyed byfore the lorde and leseth hys powere assoone as the auctoryte of the souerayne prynce cometh forthe as the lyght of a candelle is lytell and is lost assoone as that the bemes of the some cometh on Yet another questyon I putte vnto the I suppose that an Erle or a baron of the realme of Fraunde holdeth certeyne landes of the kynge of Arragon or of som other kynge and that it happeth so that all vpon one tyme the sayd two kynges of Fraunce and Arragon sende for the sayde Erle or baron for to help them in they re werres to whyche of thees two kynges shall he thenne obeye For Imposyble it is to be in two places attones and it shulde seme that he myght be excused fro goynge to nother of bothe I ansuere the shortly that he can not excuse hym self nother of the one nor for the other wythout he wol lese the ryght of fealtee That is to wite that he muste goo to that one of whiche he holdeth mooste and to that other he shall sende a certeyne of hys men A more harde questyon I the demaunde yf it happe that the sayd two kynges a boue sayd make werre one ayenst the other I can not fele nor vndrestande to whiche of bothe he ought to goo but that he shall lese one of hys Landes I saye to the that the precedente ansuere may yet serue to this questyon after som opynyons that is to wite to goo to the one and sende to the other but thys thynge cowde not be wel supported in ryght For yf he shulde doo soo thenne must hys owne men be ayenst hym And therfore no bettre remedye nor waye I can herto but to chese the one that hym shall best please and to leue and for sake that other of all poyntes or ellis to haue grace of eyther of them that he shall not arme hym self nor noon of hys for to gyue ayde to nother of bothe And knowest thou what to suche a vassall apperteyneth On my feyth to endeuoyre hym self of all hys puyssaunce that peas may be founde betwene hem bothe ¶ Whether all souldyours may goo after the lawe to al manere of werre and deuyseth the parell wherynne the man of werre putteth hym self for to goo to the werre other wyâ—se than the ryght of werre requyreth ¶ Capitulo vij MAyster as by the I vndrestande me semeth that the subgettes be bounde for to goo to the werre wyth they re lorde yf they be called and sommed for to doo soo not at they re expenses but takynge wages of they re lorde cÌ„ Soo soyle me thenne yf yt please the another questyon I aske the thoughe hyt be so that the coustume is ynoughe generall emonges men of werre that who wyl take wages of all lordes townes or countrees for to serue in al manere of werres they all beynge of one contrey borne or of what straunge landes that they be of Yf thys men of werre that be not alle of one Contrey nor subgett may licytely doo soo ¶ For it shulde seme nay seynge that fayttes of werre muste be excecuted by occysion and other dyuers euylles whyche thynges be
other good moeuable is yolden vnto the kynge or prynce by al thus that he is holden to gyue to the sayd man of armes that hath goten hit what so euere he be the sayde pryce of x thousaund Francs And suche a thynge is a gode custome in a lande But the forsayde lawe affermeth the decree that sayth playnly that al the proye ought to be after the prynces wylle And ought to departe it iustely amonge them that haue holpen to gete hyt euery man after hys meryte And that thys thynge be of a trouthe noo man myght not susteine the contrarie For the same is approued by the ryght vriton that namely assygneth therto suche a reason that is to wytte that if it were soo that the prysonners or proyes shulde be to the man of werre all thus and by the same reason shulde be theyrs the castelles and townes that they take the whyche thynge were neyther good nor Iuste that they wyth the money of the kynge or prynce and had at hys expenses shulde gete for they re owne behoue eny grounde For that whiche they doo is doon as of the kynges owne werk men that be sette awerke for hym and in his name therfore ought not the proye to be theyrs wyth they re wages but onely thys that the prynce wyl 〈◊〉 â—hem of a specyall grace the whiche grace to saye trouthe wel and largely hit behoueth them as to them that setten in adueÌ„ture so dere a catell as is the blode the lymes and the lyffe And the more that a prynce is hygher in the degre of noblesse so moche more he ought to rewarde theym that wel haue deserued it ¶ And of the proyes wonnen in erthe the noble and worthy auncyent kept nothyng therâ—of for they re owne self but onely hyt suffysed them to haue the name and the worshyp of the dede doon by they re men whyche had the proffyt therof And by suche awaye they gate the hertes and loue of they re men of werre that they brought atte a gode ende they re grete and merueyllouse entrepryse ¶ Begynneth to speke of prysonners of werre and howe a myghty man taken in werre ought to be yolden vnto the prynce and howe not ¶ Capytulo xv ANd by cause I have tolde the here by fore That after the forsayd lawe is to be knowen of what condycyon is the personne that hathe conquested som what in armes wherof I haue declared to the one parte Nowe suppose we other wyse that is to wyte that a baron made werre ayenst another baron were hys quarell Iuste or not or that wolde deffende hys lande fro som other For why aswell to deffende hym self and to kepe hys lande what that the caas be It behoueth hym to Iuge a iuste werre as whan he enuahyssheth And yf it hap thenne that thys baron that so deffendeth hym self taketh that other that enuahysheth hym shuldest thou saye that he were hys owne prysoner I certyfye the that nay nor noon other ryght he shulde haue vpon hym by the lawe but onely to holde and kepe hys persone sure vnto the tyme that he shulde presente hym to the lorde souerayne of whom he sholde holde the baronnye whyche shulde gyue vpon hym hys Iugement but another inspecte may be herupon that is to wyte that yf he that taketh hym be suche a man that he haue souerayne Iustyce in hys owne hande or ellis that he haue the powere to doo Iustyce vpon the mysdooers and hathe custome to do therof as the veray lorde as ben many lordships that haue suche auctoryte I telle the that syth that he fyndeth hym rennyng ouer the lande robbyng and sleeynge hys men that he by hys Iustyce may punysshe hym yet supposed that he were a gretter lorde in degree than hym self ¶ Not wythstandynge that men myght make an arguement vpon thys caas that a man may not nor ought not to be Iuge in hys owne propre cause I say that he may doo soo and by two reasons that one by vertue of his Iurisdycyon whiche is to punysshe and doo Iustyce of the mysdooers and that other that he punyssheth the delicte of hym that maketh hit vpon the propre place wherof he hathe auctorite of the lawe to do soo For yf a man assaylleth another and thynketh to hurte hym he that is so assailled may doo to that other that that he wolde had doon to hym and I telle the that it is attemperauÌ„ce of a reasonable deffence but I confesse well that yf he that so is assailled and that had noo Iurysdycyon nor auctoryte to do so shulde punysshe of his owne hed hys aduersarye vndre the tytle of Iustyce or that shulde kepe hym in pryson he shulde doo wronge to his souerayn lorde and shulde putte hym self in parell to lese that that he holdeth of hym therfore he ought to yelde hym soone to the sâ—id souerayne lorde Fpr namely it were lawfull to a man of the chyrche in suche a caas for to recouere his thynges ayen ¶ Whether men ought to doo deye a chyef capytayne of an oste taken in fayttes of werre or ellis yf he oughte to be for the prynce And whether it is a thynge lawfull and that concerneth the ryght wryton for to make a man to paye eny raunson for hys delyueraunce ¶ Capitulo xvij MAyster syth that we ben entred in to purpos of prysoners taken by by faytte of werre I aske the yf it happe the hed captayne to be taken or som highe man that hathe sore letted doon grete hurt and yet myght doo to that partye that hath taken hym yf he escaped Yf by the lawe and ryght men myght putte hym to dethe For by the lawe of nature hyt shulde apere that ye where as it is trouthe that al thinge awaiteth to distroye his contrarye Certes dere loue I ansuere the that what especyally the lawe cyuyle sayth that he that is taken in bataylle is in thraldome as a selaue or seruaunt that taketh hym he ought not to be slayne For why the decree affermeth hyt sayenge that syth at a man is in pryson mercy is due to hym Thenne thus yf myldehede is due to hym howe myght he be putte to dethe wyth out that Iniurye were doon to hym ¶ And yet more harde I shal telle the Another decree there is that saythe that syth that a man hathe ouercome another he is holden to pardonne hym specyally his lyffe Soo saye I to the well that it is ayenst all ryght and gentylnesse to slee hym that yeldeth hym And I telle the that the parentes and frendes myght pursue therfore as for wronge doon but yf it were so that the prynce shulde kepe hym towardys hym and take hym fro the handes of hym that had taken hym and by a gode and Iuste cause yf he had well deserued it and that he by hys counseyll knewe that a grete euyll and hurt myght come to hym and to hys lande yf he let hym goo free shulde
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
I said to hym O dygne master I knowe that thou arte that same studye whyche I loue and haue loued so moche that of nothynge more I remenbre me by whos hauntynge vertue I haue al redy thanked be god broughte atte an ende many a fayre enterpryse Certes of thy companye I am ryght glad But where it ought not to dysplease the maister yf a dyscyple desyrouse of lernynge moeueth questyons I pray the to telle me yf eny rebuke shal mowe be caste to the regarde of my werke for this that thou hast counseylled me for to vse of the sayde fruyte Sâ—re love to thys I ansuere the that the more that a werke is wytnessed and approved of more folke the more it is auctorysed and more auctentyke and therfore yf eny dâ—o murmure after the gyse of euyll spekeâ—s sayieng that thou beggest in other places I ansuere them that it is a comon vse emonge my dyscyples to gyue and departe one to other of the floures that they take dyuersely out of my gardyns And al thoo that help hem self with all they were not the fyrst that haue gadred them Dyde not mayster IohÌ„n de MownÌ„ help hym self with in hys boke of the rose of the sayinges of Lorrys and semblably of other It is thenne noo rebuke but it is lawde praysynge whan wel proprely they be applycked and sette by ordre and there lyeth the maystrye therof and it is a token to haue seen and vifyted many bokes But there as were euyll to propos men shulde doo serue thynges whiche were taken ellis where there were the vice doo soo theÌ„ne hardly doubte the not for thy werke is gode and I certyfye the that of many a wyse man hit shal be yet ryght well commended and praysed ¶ Crystyne demaundeth yf by ryght the emperoure may moeue werre ayenst the pope Capitulo ij Thenne me semed that I sayd soo sithen that it is so right solempne iuge that I shall adde in my boke of armes of knyghthode yet of the fruytes gadred out of thy gardine by thy comaundement vsynge of them I shall aske of the soÌ„me questyons whyche apparteine to the sayde matiere of armes that is to wite of the ryghtes that behouen therto after the lawe ryght wryton And fyrst of all entrynge in the said matyere I demaunde of the Sith that it is trouthe that as in the begynnynge of thys bok I sayde and thy self wel I wot shalt not denye hyt that werres and bataylles after ryght behouen not to be mayntened nor Iuged but by the erthely prynces that of noo thynge holde they re landes and countrees but onely of god as Emperoures kynges dukes and other namely that be lordes Whether the Emperoure of rome that as to temporell Iurisdicyon is the pryncypall of the worlde may make after ryght wryton werre ayenst the pope and yf it so be that he thus entrepryseth hit whether hys men and sugettes be bounden for thys cause to come to hys callynge For hyt semeth that they shulde doo soo by cause that Iurysdyctyon lordshyp is due to hym more than to ony lorde of the worlde and another more stronge a reason there is that is to wite that it apparteyneth his subgettes to be to hym obeyssaunt or ellis forfayt forswere hem self of that whiche they haue promysed him what so euere he be gode or wikked al were he stismatyke acursed dere loue to this question I ansuere the that to moeue him werre after ryght he may not see here the reasons that the lawe writon theruÌ„to doeth assygne first for bicause that he is procuratoure of the chyrche Soo it were a grete oultrage that the procuroure sholde be ageynst the mayster the whiche he ought to deffende there as he shulde offende It the emperoure is subgecte to the pope this can he not denye For hit appyereth clerly by thys that his electyon apparteyneth so moche lyeth in the pope that hit bilongeth to hym to enquyre yf he be a man ydone and hable to the see Imperyall and whether the electyon be duely made or not And for to crowne hym Thus thenne sith that he is subgette vnto the pope It were grete wronge that subgette shulde doo ayenst the souerayne And yet I say to the more that yf the Emperoure ruleth not hym self and hys Empyre after the lawes of a gode Emperoure the pope may take from hym the dygnyte Imperyalle And shall stablysshe another in hys place Soo ought not thenne nor may not the subgettes obey after ryght to the callynge of suche a werre but yf they wil dysobeye god in persecutyng of hys chyrche ¶ Whether the pope may moeue werre ayenst the Emperoure or not ¶ Capitulo iijo· SIth that it is so swete maister that the Emperoure may not nor ought not to moeue werre ayenst the pope I aske the wether the pope may moeue hit ayenst hym for it shulde seme naye seynge that he is lieutenaÌ„t to IhÌ„u cryste in erthe so he oweth to ensewe his steppes whiche were all peasyble nor neuer helped hym wyth werre and wyth this he sayd to hys apostles that they shulde not vse of lordshyppes as do prynces and lordes ¶ Item with this said saint pol that they of the chyrche ought not to Reuenge hem but ought to ouercome by suffrauÌ„ce I ansuere the puttynge thees reasons apart all other suche that the pope without faille may moeue werre ayenst the emperoure in som cas that is to wite yf he by aduenture be heretyke or scysmatike It yf he wolde vsurpe the ryght of the chyrche take from her hir patrymonie and hir enherytauÌ„ce Iurisdycyons and wel I say to the that in thees cases he onely may not make hym werre but shulde be holden all Crysten prynces and other namely of the empyre to help the pope as som tyme it happed to the pope Alexaundre the thirde of thys name the whyche persecuted of the emperoure went for hys refute to the kynge of Fraunce that putte hym ayen in to hys place and nothynge it were that som shulde saie that god saide to saynt peter that he shulde putte his knyfe agayne in to the shede whiche was for to saye that with noo gleuys the chirche shulde not smyte For he sayde not that he shulde cast hit awaye from hym but that he shulde putte hyt vp in to the shethe ayen whiche was to be signyfyed that he shulde kepe hyt for the tyme to come For atte that owre he wolde not vse of hyt in dede ¶ Of the puyssaunce and auctoryte of the captayne of the prynces knyghthode after the lawe and for whÌ„at thynges men of armes may renne in to capitall peyne ¶ Capytulo iiijo· MAister it suffyseth me ynoughe as to this cas But please the to telle me yf I haue here bifore all ynoughe suffysauntly spoken of thoffice of the hed captayne of the oost of the prynce how be it that other tymes I haue be infourmed
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
by the partye aduerse that it happeth during the said prisonemeÌ„t that peas be made betwry the two parties vndre condicyon that al manere of prisoners shal be deliuered sauf ageyn without paâ—eng of any rauÌ„son wherfore it may hapli fall that the master sleeth his prisoner for whiche mysdede by right he may lese his hed he be reproued atteinted therof wherupon he saithe that he slewe him in his deffeÌ„se that first of all the prysoner had other traitâ—usly or by som otherwise assaylled whan they were but them two togyder this he wol make good by gode proue of his owne body in a champ of bataille yf any man were that wold say contrary aienst hym he ought to be receyued Item also it saithe as by suche a fall we putt cas that the kynge of fraunce the kyng of England had trewes togider that it shulde hap a Frensheman durynge this tyme to wounde hurt full sore an EnglysshemaÌ„ or an englismaÌ„ a frenssheâ—â— of yâ— whiche thynge yâ— lawe saythe that in suche a cas behoueth of ryght and Iustyce a gretter punicyon to him that hathe hurted yâ— other than yf he hadd doon thesame to one of his owne couÌ„trey yf he that this wronge hath doon wold bere hyâ— out by the proue of his owne body that this was doon of hym in his defence ayenst that other that fyrst had assailled hym his wordis by the sayde lawe imperial ought to be herde It yf a man accuseth another that he wold haue had slayn the kinge or the prynce by poysons or otherwise that other saithe that he lieth falsly for the same called hym to chaÌ„p of bataylle he is holden by the said lawe imperiall to ansuere him kepe hym the day that he shal sett for to fight with hym ¶ For what causes dyde ordeyne the lombardyshe lawe champ of bataylle ¶ Capitulo ix So is there another lawe that is called the lawe of loÌ„bardye where in be coÌ„prysed many dyuers thinges in the same by especyal the maistres that stablyshed it haue therupon writon many causes to whiche men may gyue gage for to fight in champ of bataylle out of the same lawes are come almost al the iugementis of gyuing of gage that is to saye a token of deffyauÌ„ce for to befight hys enemye within a clos felde whiche men calle chaÌ„p of bataylle so shal I telle the som of thoo causes that is to wite yf a man accuseth his wyf that she hathe traytted or bespoken for to make hym dey other by poyson or by som other secret dethe wherof by som coloure he hathe her in suspetyon but she can not be to the trouthe truly attainted or ellis whan thehusbaÌ„d is ded his kynnesmen putteth vpon his wif that she hath made him to be brought to dethe yf thys woman can fynde a kynnesman of hers orsom other frende that wyl fyght for her beryng out yâ— that whiche is laide vpon her is falsly saide the loÌ„bardishe lawe wyl that he shal be receyued for to fyght for her ayenst who someuer wyl blame her It yf a man were accused that h ehad slayne another And that this coude not be proued ayenst hym Yf he casteth his gage ayenst hym that accuseth hym the lawe wil that he be receyued It semblabâ—â— that yf he hadd bete a man vndre assewrans Item also yf a man haue slayne another man bothe al alone that he wol make a proffe by gage of his body that it was in his deffeÌ„syng that the other assaylled him first the saide lawe wyl that he shal be herde It yf a man after the decesse of som kinnesman of hys of whom he ought to haue the goodis by succession as next heyre were accused to haue slayne hym forto haue his lifbode his goodes he may deffeÌ„de hym self therof by his body after the forme aforsaide It yf a man were putte vpon and accused to haue layen wyth a mannys wyffe the whiche cas after this lawe yf her husbaÌ„d or kynnesman complayne to the iustyce is capitall deth that is to saye wer thy to lese his hed for the same the sayde lawe wil that thys man shall mowe deffende hym self by gage of bataylle It in likewise it is of a mannys doughter beinge yet vndre 〈◊〉 rule of her parentes yf they doo complayne of som man that hathe had feleship with her though it was with her good wille this lawe wil that he deye but yf he deffende hymself therof by champ of bataylle in cas that the thinge were so secretly kept that it myght not be proued ayenst hym for yf manyfeste or openly knowen it were yf the kynnesmen wyl there were no remedye and therfore thys lawe shuld seme well strauÌ„ge in Fraunce in other place that a man shuld deie for suche a cas seeing that it was by the goodwille of the woman wedded or not wedded this lawe is vpon suche a raison fownded where it is trouthe that a man taketh deth by sentence of the lawe or of iustice for to haue coÌ„mitted a smal theefte of golde or of siluer a iewel or other thynge of whiche cas what soeuere necessite hath brought him therto shal not mowe excuse hym but that iustice shal kepe vpon hym her â—ygoure yf grace for respect of som piteouse cas be not to hym imparted made why thenne shall be spared he that hathe dyspoylled taken awaye the honoure worship not onely of a woman alone but of her husband of bothe they re lygnages bycause that where this folke that fyrst made stablyshed thees lawes prayse sette moche more by worship than they dede of golde nor of syluer they concluded that yet moche more ought to haue deserued dethe he that robbed another of the forsaid honoure wherbi all a holl kynrede is reproued than yf he had taken from them what someuere other thynge and therfore som dede saye that the lawe was yet wel gracyouse pytouse to them whan suche folke were not more cruelly punyshed then other that were worthy of dethe that is to wite that hit made hem not to deye of a more cruel dethe than for another cas Another cas putteth the sayde lawe that shulde seme al ynoughe ayenst rayson that is to wite that yf a man had holden and possessed certeyne lyflode house or lande or namely moeuable goodes the space of xxx yere or more that another shulde accuse hym that thrughe euyll deceyuable meanes he had hit falsly had possessed hit that yf this accusar offred to proue the same onely by his body in chaÌ„p of bataille he shal be receyued therunto But without faille not withstanding thys lawe I telle the wel that folysshe is he that suche lawe accepteth or suche gage and he that is therunto called and that al redy hathe the possessyon in hande myght ansuere thus to that other Fayre frende I haue nought a doo
connynge ¶ Asketh Crystyne whether a bataylle may be doon vpon a holy day after ryght and whether it is taken in ryght that a man of armes may saue his sowle And yf clerkes may goo to werre or not ¶ Capitulo xiiij MAister nowe telle me yf a bataylle be it general or specyal may be doon after ryght writon vpon a holy day For to me shulde seme that nay seeyng that the festyual dayes be ordeyned for to serue god onely and it is noo seruyce applicked nor doon to god for to fyght in a felde one ayenst another without faille my loue of this propos thou shalte fiÌ„de in the auÌ„cyent testameÌ„t how it was permytted of god vnto the children of israel that vpon what soeuer day the men shuld com vpon them that they shulde deffende hem self that they shulde yssue out for to gyue bataylle Therfore I telle the that for cause of necessyte men may well som tyme make a felde vpon a holy daye that is to wyte in caas that men were assaylled But wythout faylle for to vndretake a day of bataylle vpon a holy day it is not well dâ—on nor it apperteyneth not though that at thys day ben the crysten peple of so feblÌ„e and so lytyll feyth and of so lytyll reuerence towardys god and to hys sayntes that men of of armes maken noo force soo that they see they re aduauntage for to ryde scarmysshe steele and to goo forthe to the pyllage and robberye aswell vpon an Estirday or the good Fryday or vpon som other grete and solempne day as vpon other dayes the whyche thynge ought not by noo manere to be doon without that grete nede constrayneth therto or 〈◊〉 this be doon for a grete goode to the comon vtylyte I demauÌ„de of the mayster yf we oughte to kepe holde that a man of armes may saue hys sowlÌ„e in excercytyng thoffyâ—e of armes For a grete doubte myght be caste herto sâ—eyng the grete euylles that necessaryly behoueth hem for to doo and also he that deyeth in wylle and desyre for to greue or hurt 〈◊〉 neyghboure gooth not a good awaye Soo semeth to me that suche is the desyre of men of werre that goo in armes ayenst they re ennemyes Whiche wold god that men shâ—lde leue How thenne myght he be saued that deyeth so 〈◊〉 Doughter I shall ansuere the shortly â— thre conclusyons The fyrst that wythout doubte after that the decree declaâ—reth the knyght or the man of armes that deyeth in the werre ayenst them of euyl byleue for thenhauÌ„sing of the feyth of IhÌ„u Criste soo that he be repentyng sory for his sinnes he goeth strayghte as a martyr vnto heuen The seconde â–ª that yf a man of werre deyeth in a bataylle grownded vpon a iuste and gode quarelle for to help the ryght or that hit be for the true deffense of the lande or for the comonwele or for to kepe the fraunches and 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 wite 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 vsurpe and take the ryght from another that shuld care 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 stoâ—nes 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 anotheâ— 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 foâ— 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—r 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 thenne 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 a iuste and gode quarelle for to help the ryght or that hit be for the true deffense of the lande or for the comonwele or for to kepe the fraunches and
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