mention of the iniurious wordes if hee should reuoke them in such sorte as I haue saide or with words of honourarable witnes the change should neuertheles be taken away and if one man should giue another the lye vpon words of wrath hee ought also to reuoke it But if a man should make daintye to saye I haue belyed thee he might yet in another sorte honestly prouide for it for he may say I confesse the words true spoken by thee whereupon our quarrell is growen or els he may expresse the very matter it selfe and allowe it to be true and I will not omit that seeking meanes to make quietnes in controuersies I haue sometimes so handled a matter as I haue made agreement by such away that he which gaue the lye hath spoken to the other in this sorte I would be glad to know of you with what minde you gaue me hard words the other day whereupon I gaue you the lye and I praye you resolue me heerein and the other hath answered to tell you the truth I spake them in choller and not vpon any other occasion and the first hath replyed since you haue spoken those words in choller I assure you that I meant not to haue giuen you the lye vnlesse you had spoken them with a deliberate minde to charge me and I saye that that my lye dooth not charge you but rather I acknowledge you for a man of troth and I praye you remember no discurteous words past betwixt vs but hold me for your freend and the other hath answered and I do likewise iudge you a man of honor beseeching you also to account me your freend And this forme of satisfaction may bee applied to a thousand cases that happen daylye and by this example other formes and rules maye be found according to the qualitie of the cases Moreouer it dooth happen that when a man is greeued at anothers ill wordes of him hee denyeth that hee spake them which some men make question whether it should be taken for a full satisfaction for some would haue him say I spake them not but if I had done it I had spoken falsely or other like wordes of sence And touching this doubt me thinketh that if a man should speake ill of me in denying to haue spoken it he should greatly shame himselfe but notwithstāding he should not giue me satisfaction yet he should be found to haue wronged me therfore it is not sufficient only to deny but a further matter is conuenient And if a man haue not spoken il he may recite all things and if he haue spoken it he ought to saye something to satisfie the other and the wordes which he is to say are these I haue not spokē it but if I had I should haue spoken vntruth or cōmitted that which I ought not nor like a gentleman or such like But a gentleman should not be brought to deny that which hee hath spoken but rather should confesse it and make satisfaction and if hee should not deny it to be true but should say that in speaking it it hee hath offended him that hee should not haue spoken it or that he did ill and craue pardon for it for in all cases where an offence is it is requisite to ask pardon And a man may also offend in speaking the truth if his intent be to offend That it is no shame to giue another satisfaction FOrasmuch as we are to come ordinarily to satisfaction by way of deniall for so will we tearme reuocations of wordes and confession to haue doone iniuriouslye some perhaps may say if deniall be so shamefull as thereby as you said before a man is infamed and may bee refelled in other quarrels by Knightes how wil you if I haue spoken any false thing or done ill thing that I by denying should bring vpon me such an infamie whereto albeit we haue sufficientlye answered before where wee shewed that a man should rather remoue himselfe from error then continue in it obstinately yet I affirme that there is great difference of that which is done in the listes through force of armes and of that which is done abroad for loue of the truth for one is forced and the other voluntary one for feare of death the other for right of reason the one condemneth a man for a bad Knight that would fight against iustice and the other sheweth that a man will doe any thing rather then take weapons in iniustice and one sheweth that he which hath once vndertaken to defend an ill quarrell is like to doe it another time and the other giueth testimonie that renouncing the quarrell not to fight wrongfully he will not be brought to take weapons but for a iust and lawfull occasion and in summe as one is the parte of a bad Knight and disloyall so the other is the testimonie of sinceritie and true faithfulnes for seeing that no man liueth without sinne hee is more to be commended amongst men that hauing committed any errour and knowing it forth with repenteth him of it and seeketh to make true satisfaction and a Knight that acknowledging his fault seeketh to amend it dooth not onely not deserue blame but is woorthy of much commendation as hee who like a man gouerning himselfe by reason like a Knight taketh iustice for his guide and like a Christian obserueth the true law For these reasons then all Knights ought to embrace it and al Princes to esteem it highlye both the one and the other accounting no lesse the faith and puritie of the minde then the pride and bodily strength Forasmuch as strength is as profitable to mankinde as it is gouerned by reason and integritie onely of it selfe sufficeth to gouerne innumerable multitudes in peace where force that is not accompanied with ripe counsaile is that which with the ruine of nations ouerturneth all diuine and humaine lawes And because I know that the vulgare sorte account satisfaction basenes I will thereto answere no other but that the choosing rather to fight wrongfully then satisfie by reason is iudged beastlynes of euery man of vnderstanding Satisfaction done to one in Burgundie by death for his insolencie A Certaine quarrel rose betwixt two Souldiers which I knew very well one a Normand of Roan called Iames Luketo a man very wel experienced in armes who falling into some words with the other being at Geneua gaue him a boxe on the eare wherupon he answered Luketo that because hee knewe him to haue great skill in his weapon which he had not but beeing a souldier would fight and challenged him for to meete him with his peece and going to the Generall of the armye obtained leaue for the open fielde with his consent and the other commaunders who were present at the action and seeing that many discharges passed betwixt them and yet neither of thē tooke any hurt suffered them to charge their peeces no more but sought to reconcile them againe and make them freendes whereupon it was
mine aduersarye being spoken and he also asking me forgiuenes And with these reasons I do firmely conclude that words may satisfie iniurie by deeds Of the contradicting certaine vulgare opinions or matters of satisfaction WE haue shewed before how greatly they are deceiued that holde opinion that after a man hath doone or spoken any thing good or bad hee is to defend and maintaine it for good and in the Chapter before we haue spoken of the faâ—â—tie of that other opinion that satisfaction cannot be made by words to iniuries by deedes in which opinion such as doe stand alleadge authoritie from generall Captaines who were wont to saye hast thou stricken him let him doe what hee list Which saying how farre it is worthy to be approued may be perceiued from that which we haue already spoken And I doe not think that any man of good vnderstanding if he shal truly know that he hath stricken another either with his hand or cudgel to make peace wil say that he wronged him like a traitor or shamefullye But forasmuch as wee haue seuerallye discoursed before of either of these opinions now intreating of them both together I affirme that from them may be known the falsitie of the vulgare opinion so by common consent they are receiued for good and yet if wee will with sincere iudgement consider them we shall finde that one of theÌ„ doth repugne the other for if I ought to maintain for good all that which I shal haue done I shall not be able with my honour to say for the satisfaction of him that is wroÌ„ged not only al that which hee will haue mee saye but not so much as any one thing and if I may say that which he will it shall not be true that I ought to maintain for wel done al that which I shal haue done Now seeing that so manifest contrarietie is comprehended from so open contradiction they should also perceiue their errour and perceiuing it reclaime themselues from it especially considering that as these two opinions are contrarye twixt themselues so reson is contrary to them both and that surelye is a commendable gentlemanlike opinion which is founded vpon law and reason And according to this opinion are honorable persons and desirous of valour to frame themselues that no one thing is to be esteemed valorous or honourable if it be not accompanied with reason Of satisfaction to bee made vpon iniurye by deeds SPeaking in particular of satisfactions that are to bee made the foundation of them is to bee vpon truth that whosoeuer hath done wrong should confesse it and whosoeuer hath reason in it should maintaine it And therefore whosoeuer being moued with iust disdain and iust occasion shall conuenientlye reuenge himfelfe against any man hee is not to make other satisfaction then to say that he is soary to haue had occasion to haue vsed such an act against him and that if he had done it without cause he should haue doone ill or like a badde man or not like a Gentleman or knight or such like wordes and hee may also intreat him to be freends with him and hee that hath giuen cause thereof to the other acknowledging his fault should content himselfe with as much as reason requires and not continue in his errour if hee will not as was saide before remaine transfourmed into a brute beast And if vpon anye woordes two should fight and one of them should be hurte it were not to bee doubted that without further adoe they might not be made freends for that blood doth wash awaye all blot of which soeuer of them it was nor can any of them be reproued of defect when both of them did manifest a bolde and knightly minde And if it happen that one man should any way offend another that he which is offended should lay hand on his weapons and the other should fly albeit the offended could not come to him hee that should flye were to bee condemned for a vilde man and a coward and the other should be honoured forasmuch as honor is seated in the face and in the hands and not in the shoulders and feete But to come to be made freends he should confesse his basenes and ask forgiuenes of his offence And if one man should offend another not in any ill sorte but wrongfullye and the other doe not reuenge himselfe being able to doe it presently the offender according to the qualitie of the person offended shall confesse to haue doone wrong or to haue done against reason or such a thing as he ought not or not like a gentleman and in all these sortes yet he is to aske him forgiuenes thereof But if happilye twixt maskers as often it happeneth not knowing one another one of them bee iniured the amends should be to say I knewe you not and if I had knowne you I would not haue doone so vnto you but if I had doone it I should haue doone discurteously or villanouslye or like a bad Gentleman asking pardon for it the like course is to be held when one man should offend another by night in the darke But I will not omit that sometime a peace is made twixt men which is not an agreement of the fact as if I say that a man stroke me and hee denyes that hee toucht me in such case the satisfaction may be I strok thee not and if I haue I haue doone an ill deede or such like words to this effect and by such like examples other cases may likewise be ruled And to these and such like cases may be added those other wordes which are commonly vsed twixt Knights according as we haue made mention in the chapter of satisfactions in generall Of satisfaction to bee made vpon iniurye by word IT hath beene saide before that the foundation of satisfactions dooth consist in the truth and to confirme the same when a man hath opposed against another any defect vntruly hee ought to confesse that the matter is not so as hee saide and may alleadge in excuse of himselfe if the truth be not opposite against it that he spake it either thinking it to be so or because it was tolde him or els in choller and if hee shall say that he thought so he shall adde he was deceiued or that he thought amisse and that he knoweth the truth to be otherwise if he say it was tolde him he shall say that he which tolde it him saide not the truth and if he say he spake it in choller hee shall then say that he knoweth the truth to be other that he is soarye for it or discontented or greeued And in this sort al words spoken maye be expressed and declared with a contrary sence as for example I haue calde thee traitor when I knew thee to be an honorable and iust knight and as often as there is demonstration that the truth is contrarye to that spoken hee that is iniured is discharged And if a man would not make
that this knowledge and skill which groweth and riseth from this art of Defence is necessary And therfore I say that when vpon iust ground and occasion a man shall take a quarrell in hand and shal haue courage reason boldnes and force to maintaine it hauing also the meanes and helpe of this art it will seldome or neuer chaunce but that he shall ouercome his aduersary and vpon this reason and ground proceedeth my argument But when he forsaketh the fauour and benefit graunted by God in that he wil not learne how to defend himselfe if the quite contrary happen to him he must impute the fault and blame to himselfe And therefore I must tell you this also that he hath most neede of this art which lacketh courage and strength because that by this art and practise he groweth in vre with his weapon and to haue skill and iudgement to defend himselfe And this also I saye that strength and valiant courage is not it which giueth victorye but a skill and knowledge in the vse of his weapon and a certaine nimblenes and actiuitie aswell of the body as of the hand and the foot L. In sooth by that which you say it seemes to me that nature is she which worketh and perfourmeth all and not art because that from nature commeth courage force and a right frame and aptnes of the body therefore he which shal be furnished with these partes and shall vndertake a right and iust cause is like to beare away the victory without hauing any or very little skil in the art of Defence V. Certes we may graunt that nature may doo very much to frame a man apt and fit for this exercise both in respect of conuenient courage and strength but all these abilities and giftes which nature can bestow on a man are nothing except he haue knowledge or arte for we see that the very thinges themselues which are brought foorth by nature good and perfect if they be not holpen by arte by very course of nature become naught and vnprofitable As the Vine if it be not holpen by art comes to no proofe nor profit so likewise other trees how apt so euer they be to bring forth excellent frutes if they are not husbanded growe wilde and degenerate from their naturall perfection Suppose that nature bring foorth a most goodly and beautifull tree if it begin once to growe crooked and be not holpen it looseth all his beautye and therefore as you see arte is an aide and helpe to nature so that one hauing those good partes and abilities by nature before mentioned yet not knowing them he cannot vse them to his benefite but by the meanes of skill and iudgement which a man by his industrie and practise attaineth vnto And although he may strike right and crosse blows and giue the foyne and thrust yet these being not guided by reason and skill may as well harme him as profit or procure him any aduantage but art which imitateth and perfiteth nature if a man apply his minde therunto by many experimentes and much practise will make him skilfull and capable of great perfection And to proue that this is true we see little infants which although as soone as they are borne they haue a tung yet they cannot speake and after when they haue learned to speake yet they want eloquence nature maye bestowe a gift of memory which when it is accompanied with art and knowledge they are able in good sorte to expresse their minde and conceipt How can you be skilfull in riding if you haue not learned the arte nature may helpe but not bring to perfection how is it possible that you should proue a skilfull Carpenter or Saylor if you haue not by practise acquainted your selfe with those thinges which appertaine thereunto how can a man be a professour in any art or science vnlesse he haue learned it first himselfe and therefore they which make so small reckoning of art in my fancie and conceipt in this respect are worse than beastes especially those which are practised in fight in which a man may perceiue a kinde of reason and arte and for proofe of this take a young Dog which hath not been accustomed to fight and set him on a Bull and you shal see him assaile him with more courage and fiercenes then another which hath beene beaten and practisde in the matter but you shall see him by and by hurte and wounded whereas in the other you shall see the quite contrary for before he set vpon his aduersary you shall see him spie all aduantages that maye be and hauing found his aduantage he wil after make an assault wherfore these braggers which without iudgement and reason will take vpon them to kill the whole worlde at the least wise should order and gouerne themselues more discreetely then beasts and if they being without reason can help themselues with art which is taught them how much rather should a man which is indued with reason make his profit therof seeke to learne it and not to scorne and despise it especiallye in such a case where so deepely it concerneth a mans life that in the stirring of a foote he may be soddenlye ouertaken and slaine but the more skill a man hath of his weapon the more gentle and curteous should he shewe himselfe for in truth this is rightly the honour of a braue Gentleman and so much the more is hee to bee esteemed neither must he be a bragger or lyer and without truth in his word because there is nothing more to be required in a man then to know himselfe for me therefore I thinke it necessarye that euery one should learne this arte for as a man hath voice and can sing by nature but shall neuer doo it with time and measure of musicke vnlesse he haue learned the arte and as a horse may he strong and fyt for fight by nature but can not serue a man to any vse in the feelde vnlesse he haue beene first broken and taught and framed to be obedient to his maisters pleasure and minde So much more should a man learne how to mannage and vse his body his hand and his foote and to know how to defend himselfe from his enemy And heereupon we see that how stoute or couragious soeuer a man be yet when he is challenged into the feelde he seeks then to learn the skill and practise of his weapon of some braue and skilfull man against the daye of the fight and combate and for no other cause but that he knoweth that it is necessarye for him that it concerneth his honor and life and they which affirme the contrary if euer they haue occasion to fight shall perceiue to their disaduantage and discredit how much they haue erred and bene out of the way and this which we haue discoursed hitherto as I thinke may suffise to proue the necessitie of this art L. You haue with so manye reasons and proofes shewed the necessitie of this
seeme more reasonable that hee which is most iniuried ought to become Challenger and not the other and that this is a greater iniurie to saie vnto a man Thou art a theefe thou art a villaine a traitor than this Thou lyest But the lawes haue no regarde of the wordes or of the force or efficacie of them but prouide that the burthen of the challenge shall euer fall on him that offereth the iniurie for it is thought that euerie man is honest iust and honourable vntill the contrarie bee proued And therefore as in common triall by ciuill iudgement and order of lawe whosoeuer is accused of anie crime is by simple denying the same deliuered from condemnation vnlesse further proofe thereof be brought agaynst him euen so in this case whosoeuer speaketh of another man contrarie vnto that which is ordinarilie presumed of him it is great reason that the charge of proof should lie vppon him to make that manifest vnto the worlde by force of Armes that such a man is guiltie of such and such thinges as hee hath laide to his charge Heereuppon some maie cauell and aske howe that hee that is iniuried by deede shall become challenger as I haue sayde if that the lawes prouide that the burthen thereof shall belong vnto him that offereth the iniurie Wherevnto I aunswere that if I beate or strike anie man thereof proceedeth no cause of proofe it is manifest that I offend or hurt him and I know no cause why I shoulde proue that I doo so But if the other saie vnto mee that I did not as a Gentleman worthie to beare Armes or that I dealt not honorably or any such thing I repell his sayings with the Lie and force him to maintaine what hee hath spoken whereof I am acquited with sole deniall till hee make further proofe And now as concerning the nature of Lies I saye that euerie deniall bee it neuer so simple beareth the force of a Lie beeing altogether as much in effect And I see no other difference betweene a simple denyall and the lie than is betwixte a speech more or lesse curteous Wherefore although the names of deniall are diuerse as Thou lyest Thou sayest vntruly Thou speakest falsely Thou sparest the truth Thou tellest tales Thou regardest not how falsely thou reportest a matter Thou art wide from the truth This is a lie a tale a falsehood c. Yet all these manners of speech import the Lie whether hee vnto whome they were spoken spake iniuriously or no. For though I saie not anie euill thing of anie other but chance to discourse of some matter or rehearse some tale or historie or reporte any thing as occasion of speeche may bee offered mee if some one that standeth by telleth mee that I saie not truely or vse anie of the foresayde formes or manner of speech vnto mee surely hee bringeth my truth in question and causeth mee to bee reputed for a lyar and so consequently offereth mee iniurie And forasmuch as euerie iniurie offered by wordes maie be the first time wreasted and returned vppon him that offereth the iniurie I maie lawfullie repulse that iniurie with a seconde denyall which shall beare the force of a Lye where his first shall bee accounted of the nature of an iniurie by which meanes the burthen of the challenge shall rest wholâ—e vpon him But if hee chaunce to saie onely thus or after this manner vnto mee This is not so or the truth heereof I take to bee otherwise c. I cannot take anie such speech iniuriously for it may be the thing whereof I spake is not true and yet I doo not lie and therefore such a speeche so spoken cannot anie wayes burthen mee vnlesse I shall make some iniurious replie thereunto which hee repealing with the lye maye laye the burthen of challenge on mee for a worde commeth sometimes to bee iniuryous and sometimes not onelye by beeing sometimes iniuriously spoken and sometimes not As for example If one man doo saye vnto another Thou sayest not true hee dooth thereby make him a Lyer and so hee doth iniurie him But if hee doo replye and saie in this manner That which thou sayest is not so or it is not true c. No such manner of speech or saying can bee iniurious for that as I haue aboue sayde the thing may bee false and yet hee no Lyer by reason that hee eyther maye bee euyll infourmed or else not vnderstande the matter as it was or some suche other thing might happen whereby hee might bee mooued to reporte and speake that agayne which is not true wherefore anie such aunswere whatsoeuer cannot in anie sort fall burdenous vnto him One case excepted which is if hee saie that hee dyd suche a thing or that hee dyd saie such a thing or that hee had beene about such a matter or that hee dealte in such a case c. And another answere him that he did not or that the same which he sayd was not true c. For so hee us burdened beeing accounted a lyer because a man cannot bee misinformed in anie thing which he sayd or did himselfe which iniurie hee is to repulse with the lie and so the charge of challenge remaineth on the other vnlesse hee in saying that hee dyd or sayde such or such a thing doo thereby offer some man iniurie who by giuing the Lie maie repulse the same iniurie and so cast the charge of challenge vpon him To conclude by all this which is sayde it manifestly appeareth that whosoeuer taketh heed that hee offer no offence in his wordes or speech shall neuer bee endangered to bee iniuried with the lie Of the manner and diuersitie of Lies TO the ende that the nature of Lies may the more easilye bee knowen and when the Lie ought to bee giuen and when not and in what cases it is requisite I should particularly discourse thereof For some Lies bee certaine and some conditionall and both the first and the later some of them are generall and some of them speciall Vnto which two sortes I will adde a third kind of lies which may be tearmed Vaine-lies Of Lies certaine LIes certaine are such as are giuen vppon wordes spoken affirmatiuely as if anie man shoulde saie or write vnto another Thou hast spoken to my discredit and in preiudice of my honour and reputation and therefore doost lye And in this respect is this a lye certaine because I affirme that such a one hath spoken euill of me yet because I doe not particularly mention wherein or how he hath offended me by speeche the lye which I gaue him is generall and therefore of no force For to haue the lye giuen lawfully it is requisite that the cause whereupon it is giuen be particularlye specified and declared Wherefore lyes speciall and such as are giuen vpon sure and expresse wordes are such as assuredlye binde the parties vnto whome they be giuen to proue the same which they haue spoken when as they cannot deny that
certaine and particular so incontinent is he to whom the lye is giuen made the Challenger and the proofe belonging vnto him it is in him to chuse what way best liketh him to proue his saying whether it be ciuile that is by law or by armes and mine aduersary choosing the proofe by armes the choyse of them commeth vnto me Now if I giue the lye and afterward set downe the proofe of armes I enter into his iurisdiction and doe the office of Challenger whereupon it is most reasonable that mine appertain to his and seeing that I haue elected the proofe of armes the election of them doth not remaine to him for it is no reason nor honestye that I both call him to armes and also take the choise of them And here I must adioyne another thing that albeit that ordinarily he that hath the election of armes is accounted the guiltie or Defendant I should saye that the same should cease in this case that if peraduenture by speaking of armes I happen to preiudice my selfe in the election of them for all that the quarrell dooth not alter but he that hath accused me of any default is to proue his saying not I to proue my repulse therfore we say that by the force of the iniurye done vnto me and by me put back he is to be Challenger and I for hauing called him vnto armes do lose the election of them wherupon it followeth that he must be forced to proue his intention with those armes which shal be elected by himselfe And although it seemeth to me superfluous to remember it yet for that it is a thing not to be passed in silence for that it is oft to be considered because there must be alwaies had in regard what words they vse euery time they speake of the fight and the proofe and maintayning are taken in the same sense or signification and do appertain to the Challenger where the Defendant ought not to put forth himselfe but to defend and sustaine and if he should offer to maintaiaine or defend he should become presentlie vpon the same to be challenger Of the answeres which are to be made vnto the cartels there is no more to be saide but so much as is spoken alreadie In the giuing of the lye the answers yet may be ruled and ordered and that when vpon the lye there happeneth no disputation vnto him that receiueth it there resteth nothing but his iustification either vnto the proofe or satisfaction of the iniurie And heere I will not stay to tell you that it seemeth vnto me a most gentleman-like thing in all manner of writings to speake honourably of his enemie for so a Gentleman or Caualier doth honor to himselfe shewing thereby to haue quarrell with an honorable person whereas otherwise hee dishonoreth himselfe and sheweth himselfe rather to haue minde to fight with the pen then with the sworde Of the manner of sending of Cartels GEntlemen were wont to send a gloue for a defie and with fierce wordes did dispatch the same when they came vnto the fight for it was not then amongst them esteemed peraduenture any aduantage to bee Defendant not vsing that I cannot tell what to tearme it wittie or cauelling kinde in election of Armes which in these our daies are accustomed The electiâ— Armes is cauelling Afterward came the custome of sending of Cartelles in which manner of proceeding there was much difficultie and newnesse and diuerse offences to bee carried Lastly the publication is taken vp the which is more sure and more readie chiefely the Lordes hauing seene the multiplication of quarrelles haue prouided that in their states no cartels maye bee presented which beeing so effectually brought to passe that euerie one of them doth vse it it leaueth no occasion to speake many wordes vpon it Thus much I saie that as Cartels are published in assurance thereof the daie intimated and notified then there is no place lefte of excuse or alledging of ignorance And by this means all manner of hiding the matter and all other euasions that might haue beene vsed in the time of appresentation are cleane taken awaie This I shal saie more which I haue touched before speaking of the foolish lies that when anie man whosoeuer shall giue me a lie present and without aduantage of weapons or of men if then I do not answere him to come afterward to publish a Cartell with the Lie I can not hold my selfe satisfied for not being charged with out anie supersticerie and I not answering the same going about a farre of to answere him I do in a manner confesse that I am not a man to stand face to face wyth him and thus by my deeds consent that he is superiour to mee howe shall I by writing equall my selfe to him and my opinion is that such a lye shall neuer be counted lawfull Truth it is if I doo not aunswere presently the iniurious wordes I am not of opinion that therfore another time I shal be barred to make my answer to the same and to him that gaue them mee onely this that I must so holde the same that thereby I take not any aduantage in the doing of it And if one shall bee so lame or weake that answering it is seene manifestlye that the other without anie paine may hurt or offend him to this man it may bee lawfull to seeke assured meanes to aunswere And so in all matters of iniurie which are committed with supersticerie although they be spoken to a mannes face it is a thing cleere that aunswering by writing and by the waie of publication is an answering to one most legitiuely and when the other with another supersticerie should aunswere him it that answere shall also be lawfull After the defie it is not lawfull that the one Gentleman should offend the other but in the steccata which is the place of Combat AFter that the one hath called the other to the battel as well in the requirer as the required it is not lawful that either may offend his aduersarie anie more for that that request or calling bindeth gentlemen to the ordinarie waie and although there shoulde arise amongest them questions or strife they must obserue this rule for whilest this question doth hang no other thing is to be innouated And if either of them should assault his aduersarie in this time he is to bee esteemed adiudged and declared a breaker of faith and amongest other Gentlemen from henceforth in anie other quarrell to bee refused and put backe And this censure is so vniuersally approued that I neede not endeauour my selfe to confirme it anie farther When one doth call another for an offence done vnto him by a third person IT happeneth sometimes that one offended with another mans words or otherwise maketh another strike him or gaue him the bastonado ought he that is striken to bee called Challenger or else the striker vnto which demand we haue a readie answere That as the ciuill laws
is iniuried woulde demaunde the other a reason of his villanie howe coulde he otherwise maintaine it vnlesse by alleadging that the other had taken aduauntage of him or doone him some wrong And if this bee so what needeth farther proofe But perhappes some man wyll aske me if in this case hee shoulde put vp this iniurie without reuenge To whome I aunswere that Combat was ordayned for iustifieng of a truth Combat noâ— ordayned foâ—â— reuenge and not to laye open a waie for one man to reuenge him of another for the punishment of suche thinges resteth in the Prince for the maintenance of peace in the realme which if it shoulde bee seuerely executed no doubt but there woulde bee fewer quarrelles by many degrees And in troth the offence is the greater in this Realme where wee knowe God and heare his Gospell dailie preached which expreslie forbiddeth manslaughter by howe much that hee that killeth maketh a massacre of the verie true image of the liuing God Wherefore we ought onelye to feare reuerence and obey him and not follow our owne vaine appetites which carrie vs headlong into vtter ruine and destruction But to returne to reuenge he that needs will followe it ought to take another course then combate albeit many no doubt will aduise a man to returne like for like which in no case I would not wish should be followed But many perhaps that are rather ledde by an ill custome than reason wil wonder at this I haue alreadie alleadged because heerafter I will also affirme that where an iniurie is shamefullye doone not onelye the iniuried is free of the charge but the iniurier resteth wyth the shame for in matters of chiualrie where a man committeth no shamefull dishonourable or vile facte hee cannot truely bee sayde to haue doone vnlyke a Gentleman and mee thinketh it an vnpossible thing to auoide receiuing iniurie from another therefore when anie thing happeneth which a man cannot escape it ought to be iudged shamefull For a shamefull thing is where a man committeth villanâ—e which was in his power not to haue done From what a man ought to â—efrayne as for example I haue power in my selfe to refraine from iniuring an other from committing wicked facts from breaking my promise from committing treason which things if I obserue not I bring vpon my self the greatest infamie and shame that possibly anie man may bring on himselfe his then ought the shame to be that hath doone this beastly act and not his to whome it was done Which may be yet farther confirmed by this argument that where a man proceedeth not lyke a Gentleman he sheweth a cowardly feare in himself not to dare to maintaine it in equalitie against him whome hee sought to haue wronged The iniurye is his who doth it And touching this opinion auncient men before vs haue sayd that the iniurie is not his to whome it was doone but his who doeth it Againe my opinion is that in case of some former quarrell he that doth anie dishonest iniurie may be denyed the Combate as one that hath before committed a defect and hee that receiueth it ought as the case may be to bee receiued alwayes supposing alwayes that this defect of him that iniurieth is manifest And I wyll not omit in this place to speake of an ill custome vsed nowe a daies which ought no lesse to bee confuted by reason Hee is dishonored that doth any ill act than it is commonly followed with great affection which is that when a man knoweth himselfe to haue rightly receiued the lye by and by to auoide the proofe hee seeketh to giue the bastonado or such lyke fact and many times turnes his backe and runnes his waie to the ende that hee that is iniuried may not presently take reuenge and in this sort he thinketh to be valyantly discharged which lykewise the common sorte doo verily iudge and doo not perceiue their errour and how grosly they are deceiued The reueng ought to be done honor For first of all if for honour sake I would doo anie thing I am to doe it honourablie and lyke a Gentleman and not villanously and lyke a traitour nor must I thinke that a shamefull fact can grace or disgrace me but must rest assured that the charge don me by another is yet still vpon me and that I bring a greater shame vnto it by this dishonourable deede Next if I cannot commit a more odious thing in combat than to runne away how may I thinke to haue done honourably by running awaie And wherefore should not hee bee accounted of all sorts of Gentlemen more honourable from whom I runne than I who runne albeit I haue done him some great disgrace for to iniurie another is no honour and to runne awaie is a shame Who he is thâ—â— offendeth in 〈◊〉 ill sorte Therefore I will neuer be perswaded that a man that hath iustly receiued the Lie can by anie such act discharge himselfe or that hee is not bounde to prooue that whereon hee receiued the Lie but that hee ought to bee the Challenger and this opinion do I holde vppon the reasons before alleadged which mee thinketh a Gentleman ought sooner to followe than a blinde opinion of the vulgar sorte which hath in it neither lawe nor reason And I woulde wishe Gentlemen by these rules to examine the causes for which a man intendeth to fight first to vnderstand the nature of quarrels if they deserue Combat or if they maie otherwise be answered than by the sword and not to be perswaded by intreatie or fauour of anie to agree to vnnecessary quarrels because that besides the offence towardes God it is an iniurie to a man to draw him to fight that is not bound and it is also a wrong to the magistrate before whome such controuersies ought to be decided intruding themselues into their office and function Nor yet may we allowe a quarrell vppon euerie Lie as I haue at large shewed in my discourse of Lies and wee maye also note here that a Lie lawfully giuen is that which maketh the charge whereby the other is bounde to the proofe simply and not to the proofe of Armes because as I haue sayde before in such a case where other proofe may bee made than by weapon the Lye doth not onely not binde a man to the Combat but euerie Gentleman is bound to desist from the triall by Armes and to relie on the triall by reason I must also adde heereunto that euerie Lie whereof a man cannot make iustification by ciuill lawe doth not yet by and by deserue combat For I would not haue anie thinke that there is such efficacie in a Lie to binde a man to fight as it seemeth some holde opinion which in deede proceedeth from a corrupt vse of certaine that haue beene before vs who for want of vnderstanding Duello is not necesâ—arie vpon euerie Lie without law reason or right course of Chiualrie in the beginning dyd
answereth sayth that he lyeth This lie cannot bee auoided beeing that it is giuen in the repulse of the slaunder which is layed vpon him But if I shoulde saie of anie man that he were an honest man one should giue mee the Lie vpon these wordes in this it requireth not repulse but an iniurie and I may saie that he should lie that thinketh that I shoulde lie Now is it his parte to proue that he is not an honest man as well by reason I gaue him cause of iniurie as also that it is presumed of euerie one that hee is honest if the contrarie cannot be apparently proued and whosoeuer sayth that another is vnhonest must proue his fault therin committed for the which hee ought not to bee esteemed an honest man Now let vs passe ouer to the Lies which are giuen vpon the negatiue whether they bee lawfull or lawfully maye bee turned backe or no as if one shoulde saie of mee that in some matter of armes or fighting I did not my duetie and I shoulde aunswere him wyth the lie the same shall bee a most lawfull aunswere for that in that speech that I had not doone my duetie hee putteth on my backe no small burthen of infamie wherein it shall bee most lawfull and conuenient that I shoulde discharge my selfe with the lye and heere the repulse of an iniurie beeing the lye and the presumption beeing in my fauour and that a man must not presume of another but that hee doeth his duetie in all respectes whosoeuer goeth about to giue mee that blame to him it appertaineth to bee esteemed Challenger But if one saie that hee hath not fayled in his loyaltie to his Lorde and I shoulde aunswere him that hee lyeth hee maye saie vnto mee thou lyest in that thou sayest I lye and with great reson it maye bee sayde hauing aunswered mee so for hee not dooing iniurie vnto anie bodie with those wordes nor anie man ought to presume that another shoulde bee disloyall that with the lye which I giue him I doo not defende my selfe nor anie other of anie iniurie but go about to outrage him when hee maye lawfully returne backe that lye and I come directly to bee dementied and so consequentlye muste become Challenger Now it resteth that wee shewe vnto you the examples of these cases in which in euerie and the selfe same quarrell both vppon the affirmation and negation you maye giue the lye that neither of the one side nor the other there is anie meanes or waie lefte to giue them the repulse and it is thus Two Gentlemen or Caualiers are brought to the steccata to fight there are weapons presented vnto them vppon the which they reason and debate betweene themselues whether they be to bee refused or no so long that the daie is passed with out comming to the battaile or fight there dooth arise a question heerevpon amongest them whether they bee refused or no. This man whosoeuer hee bee sayth that wyth reason they might bee refused doeth charge him that brought them and hee who sayth that they maye not be refused in reason chargeth him that refuseth to fight with them and therefore the taske being giuen as well on the affirmatiue as negatiue the lie may accordingly bee giuen and no more the affirmatiue than the negatiue may it be wrested or sent backe being both in the one and in the other manner giuen for repulse and not of anie iniurie And thus much maye suffice to bee spoken of this subiect seeing that of the other manner of Lies how they ought to be giuen which of them may be wreasted and which not therby appeareth that they are fully demonstrated which are lawfull those knowen it followeth consequently to knowe who ought to be accoūted chalenger And so God be thanked we finde that almost we haue dispatched this matter no lesse vneasie as it is sayd before to be handled vnderstood than necessary to be knowen of all caualiers and Gentlemen Of iniuries rewarded or doubled HEere yet there resteth a new question yea euen in the Challenger and Defendant which wee will not let passe without some declaration and this is in such cases as when on the one parte they speake and on the other they answere with iniurious wordes and that either they reply the same or doo adioyne vnto them others of which I haue made this title of requited iniuries or redoubled For requited iniuries I vnderstand when one replieth only the iniury that was giuen him and doth adioyne nothing thereunto as thou are a theefe a theefe thou art The redoubled I call those when one is not contented to haue saide to his aduersarie the selfe same wordes of outrage but doth ioyne thereto an other or more as if I should say to another that he is a false monie maker and he should say to me I am so and an homicide withall vpon these causes the writers of Duello moue manye questions whither vpon them there should be any fighting or no and if they should fight which should be Challenger and which the Defendant heerein to shew you that which I think before I will speake thereof any thing at all I do adiudge him an ill brought vp gentlemen who feeleth himself to be charged with any blot of infamy shall not be as wel attētiue to take away that as to seek with like or greter iniurie to slaunder his aduersarie that he ought with a lye put backe that which shal be spoken to him rather then either reply the same or multiplie any other in words and so doing two commodities will followe him the one that with the lye he shall charge his enemye with that dutie to bee Challenger the other that hee shall make himselfe knowne a person farre from iniurious intention But if the case happen in any of the formes aforesaid there is somewhat to be marked how a man must behaue himselfe therein I say therfore when one calleth me traitor and I say thou art a traitor do not thereto only ioyn any word that hath not the force of the lye no combat is to follow An iniurie no thought and if hee come to replye the same iniurie many other times it shal be as much as if an iniury once repulsed there is no more repulse to be spoken of But if it should be answered thou lyest that sayest I am a traitor for that thou art the traitor I doe not see wherefore the combate should not followe heere for with these words I haue discharged my selfe with that he charged me and laide vpon him the slaunder of traitor which is that I send back the iniurie done to me and iniurie him with the repulse thereof binding him to his proofe and although he should replye but thou lyest thy selfe that I am the traitor for all this hee is not discharged but answered to that iniurye that I gaue him and because the lye was giuen of me in time it will haue the greater reason
and is required at his hand to proue the truth of his speech but hauing called me traitor I should answere him thou art the traitor and hee afterwarde subioyne thou lyest now the case of Challenger will come vpon me because he dooth not staye himselfe vpon the firste iniurye but answereth to that I saide to him and now to me there remaineth no more meanes to binde him to the proofe beeing alreadie with the lye giuen me made Challenger Neither can it be saide that that answere thou art the traitor hath so much the force of a repulse as of an iniury for that the repulse standeth in the negatiue and if the negatiue haue not the force of a lye it chargeth not and that being answered Traitor the iniurie with a lye may be put back lawfullie that although it be true that an iniurie once wrested will not permit any more writing it is to be vnderstoode that there is great difference betweene the wresting repulse with the wresting I say to thee that thou saiest of me but with the repulse I giue thee not that blame that thou giuest me but onely doe free my selfe thereof charging thee with no blame at all but with the dutie to prooue that thou hast saide and that that which I say should be so if one should say that I am a theefe and I should answere him that he lyeth this shal be tearmed iniurie and not wrested but repelled and if to one of these lyes which we haue shewed before which haue the nature of an iniurye an answere should be made to them by another lie this shal be called wresting And this is a true resolution and so to be approued and followed according to the stile and order of Gentlemen and Caualiers And that which I haue saide of rewarded iniuries I saye the same of the redoubled that hee must not bee tearmed Challenger by the multiplication of iniuries but must be ruled by the lye hauing saide to you before that about question of words the proofe of the lawes are appointed to the iniuryer and not to the iniured true it is that when neither of the one side nor the other the lye is hee shall not remayne without some blame to whome the same was firste spoken how manye or great soeuer they be Nor that is not to bee taken for good aduise which is set downe by some writer that if I should call another Traitor and he shoulde answere that I am a Traitor a Theefe a robber by the high way I shoulde subioyne I will prooue it to thee with my weapon that I am neither Traitor Theefe nor robber by the high waye but that thou art the traitor thy selfe What a foolish enterprise shall this be of mine that hauing the meanes to make me Defendant will make my selfe Challenger Quarrels must be simple and offer my selfe to the proofe Besides what an ill kinde of proceeding should mine be to come to the determining of so many quarrels with one battaile or combat the same not being to be granted for diuers things together for it may come to passe in the one they maye be true in the other false and so fight for the one with reason and the other without about which those that will forme quarrels ought to be wel aduised and if they be not rightly framed the Lord before hee giueth licence for the fielde must reforme them or at the least prouide that when the gentlemen or caualieres bee conducted thither that their godfathers in capitulating giue them a conuenient forme That straightwaies vpon the Lye you must not take armes NOw if in the discourse about the lyes which we haue made it is concluded that the lyed which is he that hath the lie giuen to him is to be Challēger we doe not say therefore that is to be vnderstoode that presently for the lye a man should runne to his weapon for the triall of the sworde being doubtfull The sword and ciuile proofe and the ciuile certaine the ciuile is that way by which euery man of reckoning and reputation ought to iustifie himselfe For he ought to be esteemed honorablest who with certain proofe approueth his honor then the other that with an incertaine testimonie doth think to answere his reputation But I see amongst Gentlemen to be noted such an abuse that they thinke themselues to haue committed villanye to attempt any other meanes than by the sworde wherein how much they deceiue themselues which thinke so I will say nothing else at this present but that the ciuile profe is the profe of reason fightting but the proofe of force and that reason is proper vnto man and force of wilde beastes Leauing the ciuile proofe and taking the armes we leaue that which is conuenient for men to haue recourse to that which is belonging to brute beastes which peraduenture Gentlemen would not doe very often if they vnderstoode wel their dutie and when they would wel consider that it is no lesse the parte of a Caualier to know to put vp well his sworde then well to drawe it out Those therefore which think they haue the lye duly giuen them ought if they haue meanes by the way of reason to proue their saying they ought by the same I say proue it and not follow the other way of armes if thereto they be not constrained by necessitie and so as they could not by any other meanes iustifie themselues Those other which are offended for that they haue not the lye duelye giuen them those maye wrest the same or by some meanes lightly reproue it Of the forme of Cartels or Letters of Defiance WHen Cartels are to be made they must be written with the greatest breuity that may be possible framing the quarrell with certaine proper and simple wordes and specifying whether the cause was by woord or deed you must come to the particulars of the same shewing well the persons the thing the times and places which doe appertaine to the plaine declaration thereof so that one maye well resolue to the answere for the Duello being a forme of iudgement as in the ciuile criminall and in action of iniury a particular setting downe is required no lesse can be saide of the iudgement belonging to Gentlemen and Caualiers theirs being of no lesse force And he that shal be Challenger shall call his partie aduersarie to the field hee that shal be the Defendant shall ioyne thereto his lye And in such manner of writing the least eloquence and copie of woordes that maye be must be vsed but with naked and cleere speeche must knit vp the conclusion And this I say principally of the Defendant which with superfluous speeche most commonlye confound themselues and in that they are not content to haue repelled the iniurie with the lye and will set downe the field and saye that they will defend their saying with their weapon which thinges are not onelye superfluous but dangerous because when one hath giuen the lawfull lye