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
well it is true that the valyaunt and gentylmen of armes ought to kepe hem self as moche as they can that they dystroye not the goode symple folke nor to suffre that they re folke shal Inhumaynly hurt them For they ben crysten and not sarrasyns And yf I haue sayde that myserycorde is due vnto the one Knowe thou that not lesse it is due to the other Soo ought they to hurt them that ledeth the werre and spare the symple and peasyble of all they re puyssaunce ¶ Whether a english scoler or of som other enemyes lande were founde studyeng atte the scoles in parys myght be taken prysoner or not ¶ Capitulo xix But syth that we ben entred in matere of prysoners of werre I wyl that thou Iuge they self after thyn aduyse of suche a debat whyche by an exsample I shal propose vnto the Now knowest thou al ynoughe how the kynge of Fraunce and the kynge of England haue comonly werre one ayenst an other I putte the caas that a scoler licencyat atte Cambryge in Englande is com to the vnyuersyte of parys for to be there graduate or enhaunced in the degree of doctour of dyuynyte or in other facultee wher it happeth that a man of armes of Fraunce knoweth by other that thys scoler is an englisheman borne and taketh hym as his prysoner to the whyche pryse the sayde scoler sayth ayenst therto opposeth hym self so ferforth is the thynge brought that byfore the Iustyce cometh the questyon to the whyche debat the Englysheman that in ryght fownded hys reason sayth that he hathe a caas expert of the lawe that doeth for hym self for cause of the grete preuyleges that the scolers haue there and hyt deffendeth that noo gryef nor dyspleasyre be doon to them but honoure and reuerens And here is the reason he saythe that the lawe assygneth Who shulde be he sayth the lawe that shulde not haue scolers for recomaunded whiche for to knowe and acquyre coÌ„nyng haue lefte and layde asyde ryhesses delicates al eases of body they re carnall frendes and they re countrey and haue taken the astate of pourete and as banyshed from al other goodes haue forsaken the worlde and al other pleasirs for loue of scyence So shulde he be wel full of all vnkyndnes that shulde doo eny euyll to them To thees reasons the man 〈◊〉 armes replycqueth thus sayng Brother I telle the that emonge vs we frenshmen make noo force of the emperoures lawes to whom we be not subgect so owe not we to obeye them The scoler ansuereth Lawes ben noon other thynges but veray reasons that were ordeyned after wysedome and yf therof ye do make noo force it is not sayde therfore that the kynge lordes of FrauÌ„ce shal not vse of reason of thynges that ben reasonable and of that that they hâ—m self haue ordeyned For Charlemayne remeued the generall scole of rome by the popis wylle to parys they gaffe grete notable preuyleges to the same scole And therfore sent the kynge to fetche maisters out of all partyes and scolers of all manere of langâ—ges and all them he comprysed in the sayde preuylege And wherfore thenne shal not they mowe come from all partyes whan they haue licence of the kynge where as al thynges at they re fyrst comynge doo swere that they shall kepe the saide preuyleges In the name of god sayde the man of armes supposed that that ye saie ye ought to wite that sethen that a generall werre was cryed proclamed betwyx oure kynge and yours noon englyshemen ought to come within the roialme of FrauÌ„ce for suche a cause nor for noon other what someuere it be without a gode saufconduyte the reason is goode For why ye myght vndre coloure of the scole write doo vndrestande in youre contrey how it is here and the astate of thys lande and other dyuers secret euylles ye myght doo here yf ye wolde wherfore it is not reason that noo manere of preuylege shulde tourne in to preiudyce of the kynge nor of hys royalme Thees reasons harde saye thou my loue now what thou therupon thinkest wythout fayll mayster syth that it pleaseth the that my lytel and sobre aduyse shall serue in thys bihalfe I telle the that yf it be so and wythout frawde that he of whom thou spekest be a true scoler that is to saye that he were not come vndre fyction to lerne conninge for to aspye or to doo som other euyll I holde hys cause for goode and that he ought not to be take prysonner prouyded al wayes but yf the kynge had made to be cryed by hys maundement especyall that noon englishman what someuere he were shulde not come to studye in hys royalme Thou hast ryghtwelt Iuged and wysely dystynged For namely yf the bysshopryche of parys were wythout a bysshop of ellis tharchebysshopryche of roen or of sens or of other of the sayd royalme and that an englysheman were therunto elected chosen the kynge by rayson may gaynsaye to the same For why the rayson is suche that it is not expedient nor behoful to the kynge nor to the royalme for to haue there hys ennemyes resydent But yet ansuere me to thys supposed that the scoler ought not to be taken there prysoner what shal thou saye to me of hys seruauntes yf he brynge one or two or more wyth hym out of englande For the preuylege that scolers haue in parys was not gyuen for they re seruauntes In gode feith maister vndre thy correction not wistandyng this reason me semeth that vndre the preuylege of the maister whiche is a true scoler as it is sayde ought to be coÌ„prised hys seruauntes ryght soo as in the sauegarde that the kinge gyueth to hys offyciers be comprysed they re seruauÌ„tes and all they re famylle or meyne But of the mayster I wol aske one thynge I putte cas that the sayde scoler were taken wyth a syknes myght of ryght hys fader come to vysyte see hym without parell To thys I ansuere the that after ryght wryton but yf he cam there for falshed as it is sayde he myght aad ought to come sauffe there For why the reason is suche that more grete is the ryght of nature than is the ryght of werre Soo is the loue of the fader and of the moder to they re sone so muche preuyleged that noo ryght of armes may not surmounte the same And yet more harde I telle the that yf the fader went for to see and vysite his childe beynge in gode helthe studyeng atte the scoles wythin parys or where so euere it were for to bere hym other vitaylles or syluere he ought not to be arrested nor taken for the same of what so euer countrey frende or foo that he were of And thys sentence is determyned in the lawe lyke as I saye and semblably ought not to be apeched nor letted the brother the kynnesman nor the seruauÌ„t that syluer or
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
the smallest as what to saye he myght wel take prysoner the fader yf the cas befell why not the childe aswell for he might wel take the faders goodes and the childe as himself saithe is comprised for the faders goodis I telle the certeynly that after right the litel child may nor ought not to be kept prysoner for reason wil not accorde that innocencye be a greued for it is veray trouthe that a childe in suche a cas is innoceÌ„t not coulpable of all werre in al manere of thiÌ„gis wherfore he ought not to bere the peyne of that wherof he is not in fawte nor of counseill nor of goodes he hathe nought holpen therto for he hathe as yet noon Ye maister but supposed that the said child were ryche of hym self as of his fader moders godes that be dede mooste he paye For it might be soo that his tutoures or they that haue the rule ouer his goodis shulde paye a subsydye of hys goodes to the kynge of Englande for to maynten his werre in Fraunce Yet y telle the that nay for what that his tutoures paied therof it were not of the childes wille whiche is not yet in age of discrecion without faille maister theÌ„ne is not this daye this law wel kepte thou saist to me trouthe fayre loue nor yet be nomore kept nother the noble ryghtes of olde tyme that helde and truly dyde kepe the noble conquerours Thus abusen with the right of armes they that now doo excersice them by the grete coueytyse that ouercometh them soo ought to tourne them to a grete shame for to eÌ„prisone wymen or children impotent olde thys custome that they haue brought vp ought to be reproued to theire grete deshonour blame lyke as otherwhile haue doon duringe the warre in the royalme of FrauÌ„ce whiche as longe as fortune was for them they spared nother ladies nor dameselles grete smalle nor lytel whan they toke the fortresses but they were all putte to raunson asmany as were founde there whiche is a grete shame to them for to take that whiche can not reuenge hemself ought wel to haue suffised them for to haue take the saisine of the fortres and that the ladies had goon quytte But that that to them is happed atte the last may al ynoughe ought to be ensample to al other warryours for to deale other wyse for be ye in certeyne that noo good euyl goten can not be longe possessed nor kept of hym that geteth hit nor of his heyres Now late vs see of another debat yf a blynde man happe to be taken of a man of armes ought he to kepe pryson I telle the that yf a blynde man shulde putte hym self to be a man of armes thrughe his folye happeth to be taken he is worthy to haue worse than another this I may proue by the holy scripture where it is spoken howe Caym slewe Abel his brother and how a blynde man that was called Lameth toke a bowe went shotynge by wodes hedges huntynge the wyld bestes and by aduenture his arowe lighte vpon caym and slew hym wherof god saide that the synne of Caym shulde be punysshed seuen tymes But the synne of Lameth shulde be punysshed lxxvj tymes Wherby it appereth that for to putte hym self to an office in whiche he be not suffysant it is a souerayne folye But yf a simple blinde man were taken pyte were due vnto hym and yf he were suche that he before tyme had seen And was a man of armes in the werre and so gaffe counseyll to the enemyes to do bataylle or to stele a place or that aduysed them of som other cawtele that wel knowe hym I aske whether he ought to be kepte in pryson For it shulde seme ye seeyng that theâ—tent of his comyng was for to werre ayenst the kynge there and for to hurte the royalme To this I ansuere the that we fynde in the ryght writon that a madde man duryng his fourour may not be reputed nor taken for enemye for he hathe non arbytre of free wylle where reason cannot werke wherfore theÌ„ne yf he slewe a c men he shulde not be punysshed therfore by iustice nor taken for homycyde suche a man can nother yelde nor gyue feythe to paye eny raunson who shall he thenne be prysoner And to putte in pryson a man that namely is vexed wyth suche a maladie what a valyauÌ„tnes were it certes it were grete synne rather euery noble man shulde peyne him self after hys powere to administre vnto him helthe of witte aduyse Soo telle I to the that he can not nor ought not by ryght to be kepte in pryson nor paye noo raunson but ought to be yolden ageyn to his frendes more yet I telle the We putte caas that he beynge in pryson shulde gwarysshe there of his syknes yet ought he not to be kept nor paie noo manere of rauÌ„son the cause why is bycause that whan he was taken he had nother witte nor powere for to deffeÌ„de hym of the whiche for to Iuge rightewisly of armes noo man ought to be taken prysoner but that he first yeldeth him self by worde of hys owne mouthe or ellis by som signe but how shulde he doo this for as the lawe saithe suche a man can not make noo testament nor mary himself nor entre in to religyon the whiche thinges requyren free wille nor namely he may not receyue batesme yf he were not baptyzed whiche is neuer gyuen vnto man but yf he requyreth hit with his free wille therfore there is noo cause why he shulde be kept prysoner how theÌ„ne maister thou tellest me merueylle som place notable but of suche thynges as he had taken by the waye And namely seynge that they neded to take horses and caryage for to bere them self and they re fadellage as that seknes or other lettynge myght come by the waye or as it may wel be for to brynge certeyn presentes to the kynge they ought to goo bothe them self and they re thynges sauffe But it myght wel be that som coloure of debate may be herof in caas that without veray nede they had brought wyth them som englyshemen for to gyue hem sporte and that horses or other thynges were in the coÌ„panye longyng to them For of suche autoryte they myght brynge in to fraunce the enemyes of the royalme so were it not thenne dyscuted wythout cause For to knowe yet more I beseche the mayster that thou wyl telle me yf Frenshemen myght by ryght take a preste of englande prysoner aswel english men a preest of FrauÌ„ce be it other bysshop or abbot or man of relygyon Fayre loue by that that dyuerse tymes I haue al ynoughe concluded may thy demaunde be soylled that is to wyte that we saye after ryght wryton that thoffyce of men of the chyrche separed from al werre for the seruyse of god in whiche they be occupied
whether euery lorde may gyue 〈◊〉 〈◊〉 ¶ It begynneth to speke of chaÌ„p de bataylle 〈◊〉 it is a ryghtwis thiÌ„ge of ryght that a man shall proue 〈◊〉 body aienst another that thiÌ„ge that is secrete not knowen â— vi◠¶ Item sheweth for what manere of cas ordeyned 〈…〉 imperyall champ de bataylle ¶ Capio· vâ—â—◠¶ Item for what manere of cas lombardys lawe ordeyned champ de bataylle ¶ Capio· ix ¶ Item how champ de bataylle sheweth representeth som what the dede of a questyon pleetable And whether it is ryght that at thentrynge of the felde the champyons gyue they re othes ¶ Capio· x ¶ Item yf it hap that one of the champyons leseth any of his armes while that he fyghteth wether men ought to yelde hem ayen or not And yf the kynge wolde pardonne hym that is vaynquished whether the vyctoryouse may aske hys costes or not And yf there be founde that a man is accused wrongfully what men ought to doo of hym that hath accused that other ¶ Capio· xj ¶ Item asketh yf a man is punyshed of a misdede proued by champ de bataylle whether the iustice may punyshe hym vpon a new therfor and yf one calleth another to a champ whether he that calleth that other may repente him self of his callynge atte his owne wylle ¶ Capio· xij ¶ It deuyseth to whiche thinge a kynge or a prynce ought to see to bifore that he iugeth eny champ de bataille what counseill men ought to giue to them that shal befight eche other ¶ Capio· xiij ¶ It whether batailles may be doon after right vpon a holy day or not whether the lawe holdeth that men may saue hemself in excercyting thoffyce of armes And whether clerkes may or ought after the lawe go to a bataille C xiiij ¶ Item beginneth to speke of the fayte of blasonnyng of armes whether euery man may take of his owne auctoryte suche armes as he wyl ¶ Capio· xv ¶ Item in what manere a gentylman may chalenge another mannys armes and in what manere not C xvj ¶ It of the armes penoncelles and of the colours moste noble that apparteyne to the fayte of blasonnyng C xvij ¶ Here begynneth the foureth and last part of thys boke ¶ In the first chapytre demauÌ„ded Crystyne yf a lorde sendeth a saufconduyt to another his enemye and that the saufconduyt speketh but of sauf comynge whether after right he may arreste hym atte his gooyng hom ageyne Capio· j AT the begynnyng of thys fourth part of thys boke ryght dere master I wil entre in to another dyffereÌ„t purpos of werre dependyng of that whiche is afore said that is to wite in to a manere of assuryng whiche is giuen to them that goo and come from a contrey to anothâ—r that haue werre to eche other whiche assuring men calle lettres of saufconduyt wherof I wil first make vnto the suche a demaunde I putte cas that a baron haue werre with a knyght of the whiche werre the frendes of bothe partyes reyne hem self for to make a goode peas wherfore the saide baron sendeth hys lettres of saufconduyt to the sayde knyght vndre whiche he may com towardis hym sendeth to hâ—m worde with all that he may com surely the knyght trusting vpon the assuryng of the same lettres cometh to the sayd baron but whan they haue spoken bothe togyder and that the knyght wyl departe the baron doeth arreste hym and sayth and proposeth that he is hys prysoner For he saythe ye be atte werre wyth me as euery man knoweth well wherfor I may take you atte myn aduauntage where someuere I can fynde you that other ansuereth that he may not doo soo For the strengthe of his owne saufconduit deffendeth the same the baron saith that this helpeth him not for bicause that the saufconduit speketh onely of the coming thither not of there tournyng ayen wherfore he doo him noo wronge yf he kepe hym Soo demauÌ„de I of the whether the baron hathe a gode cause For it shulde seme ye seeyng that hit suffiseth emonge enemyes to take heede to the tenoure of the lettre vpon that whiche is wryton sith that the knight hathe be so folyshe that he vndrestode not wel that whiche the sayde barons wrytinge conteyned it is not without reason yf he bere a penaunce therfore For it behoueth in fayttes of werre as thy self hast said here byfore to vse of cawteles for to deceyue eche other late kepe him self that may I telle the fayre loue that thou myssest in thy sayeng in this byhalfe For yf it were as thou saist ouer many Inconuenyentes shulde folowe therof and therfore the lawe hathe purueyed therto that deffendeth expressely that noone shall deceyue by wordes of fallace nor cawtelouse For shuldest thou trowe theÌ„ne that a man shulde be herde atte a Iugement for to saye I haue solde to another an hondred pownde worthe of lande and fayre and well I haue delyuered hit vnto his handes wherof he is holden vnto me in suche a som of money that he moste paye me for semblably of other suche thinges of the whiche as wel I telle the shulde not be reputed nor taken in Iugement but for a trifle or a mocke and the man begiler that wolde vse therof shulde be punyshed therfore And therfore to oure propos what that for to take awaye all scrupulenes a man ought neuer to trust in suche lettres without that it be wel expressed of sauff gooyng and sauffe comyng ayen and also of sauf abydyng of al the other circomstances that bylongen therunto how be it that the lawe wol not that the malyce of the frawdylouse deceyuer take soo straytly the symplenes of hym that gooth thus vpon and vndre the termes of gode feythe ¶ Soo ought to be vndrestande the saufconduyt th entent of hym vnto whome it is yeven By the whiche saufconduyt he holdeth hym self sure aswel for to abyde sauf as for to goo retourne ayen sauf otherwise it were noo saufconduit but it shulde be treason that ouer gretly were to be blamed suche is the certeintee therof NotwistaÌ„ding it may be the som in dede without right nor reason haue vsed or wolde gladly vse therof whiche ought to tourne them in to grete vituperye and blame but euery man hathe not the power for to doo al the euyll that he gladly wolde doo ¶ Yf a knyght or som other gentylman had a saufconduit for his persone for ix men with him whether he myght vndre coloure of the same take wyth him in to the countrey of enemyes som grete lorde in stede of one of the ix men Cij Syth that we be entred in matere of saufconduytes an suere me now of another question A knyght of englond hathe a saufconduyt of the kyng of FrauÌ„ce for hym for ix other with him on horsbacke for to câ—mâ—n to Fraunce for som adoo he hathe there it happeth
that a grete lorde or baron of england desyreth hym that he may be one of the ix his felawes by cause that he wolde fayne goo see FrauÌ„ce to sporte hym there the whiche thinge the knight graunteth to him thus he goeth forth wyth hym whâ—rof it happed whan they be lodged nyghe paris that the sayde lorde or baron is knowen there of a knyght of the kynges of Fraunce whiche well acompanyed cometh scone towardys hym there as he is lodged and telleth hym that he yelde hym that he is his prysoner To the whiche thinge thenglisâ—e knyght that brought the baron with hym ansuereth that he may not doo soo For by vertue of hys saufconduyt he may goo he beyng the tenthe thrughe the royalme of Fraunce of whiche x this baron is one For suche as hym pleased he might take wyth hym ¶ Ansuereth the frenshe knyght and sayth Ye be but a symple knyght soo may ye not brynge wyth you noo gretter man of condycyon than ye be of vndre youre saufconduyt For yf it were soo than myght ye in lykewyse haue brought youre kynge with you or som of his children the whiche thynge is not raysonable and namely hym that ye brynge with you is bettre in value to bringe you with him than ye hym for he is moche more grete than ye be That other saithe I brynge hym not wyth me vndre my saufconduyte But vndre the kynge of Fraunces saufconduyt so aske I and beseke that hyt may be enterâ—ned and kepte to me after the tenoure therof This questyon comen to iugemeÌ„t I aske the whiche of bothe hath the right I saie the frenshman For after the ryght wryton in suche a generalyte ought not to be vndrestande a gretter man than he is hym self For yf a man gyueth a procuracyon to another for to doo execute certeyn thynges of hys owne it is not therfore to be vndrestaÌ„de that he gyueth him a generall procuracyon or that he ought to abuse therof in especyall in fayt of armes neuer suche a thinge shulde right suffre to passe For it myght tourne to preiudice to the personne that gyueth the saueconduyt Now I aske the another thinge I suppose that a chyef captayne of an oste of FrauÌ„ce whiche is sent by the kynge vpon the fronteres saith and affermeth that he hathe the powere for to gyue saufconduyte thrughe all Guyenne Wherfore he doo sende worde to the Seneshall of Bordewx that he wil com vnto a certeyn place vpon the frenshe grouÌ„de by cause that gladly he wolde speke with him for to doo soo he sendeth hym a saufconduit wherupon the sayde seneshal departeth vpon the suretee of the same saufconduyt for to come to the place that is saide betwene hem but it happeth him to be taken of som frenshe men by the waye that putte hym in to pryson I aske the wether the sayde chief captayne is holden to gete him out of prison atte his expenses For it semeth ye seeyng that by his assewraunce he is fallen in to that Incouenyence and domage Fayre loue the contrary is trouthe knowe thou why For it is sayde comonly that without a cause shulde a man be called a fole without that his folye shulde be causer of hys domage And it is clerly certeyn that the seneshal ought not to haue byleued the captayne but yf he wyst for certeyn that the frenshmen wolde kepe his saufconduyt wherfore thenne yf he hathe ben symple and folyshe the hurt and domage must a light and abyde vpon hym for with all this he ought wel to wite that a captayne hathe noo powere to kepe hym sure but fro his owne folke And sithe thenne that other frenshmen that be not of his retenue haue doon vnto hym the same what can the sayde captayne doo therof And also it is noo ryght that one shall gyue a preuylege to one that is gretter than hym self for to come in to the royalme of his souerayne lorde nor namely yf he were bounde to kepe hym sauffe all shulde not auaylle For an oblygacyon made ayenst power is of noo value and all other the whiche be in the ryght of armes ought not to be vnknowen to the seneshall otherwise he were vnworthy and not alle to that effice Soo thenne I conclude for that the captayne had gyuen the saufconduyt for true and goode whiche hathe ben of noo value he is not therfore holden to paye the sayde raunson Neuertheles yf he be a gentylman he is holden to purchasse towardis the kynge his delyuerauÌ„ce with all his powere bicause that thrughe his fawte he is fallen in to suche an inconuenyence ¶ Here saythe xprystyne to the mayster that she hath herself grete merueylle seeyng the litell feyth that regneth how ony body dare truste in saufconduyttes And syn demaundeth that yf it happe that som prynce or crysten kynge gyue a saufconduytte to som sarâ—asyn whether it is so that other kynges ought suffre hym to passe by them vndre vertue of the same Capytulo iij MAyster wythout faylle thys semeth me grete merueylle seeyng the lytel trouthe and fydelyte that this day renneth thrughe al the worlde how a prynce or a lorde or som other gentylman namely what soeuere man yâ— it be dare truste hym self vndre a saufconduyt for to goo in a place where his enemyes be more myghty and more stronge than he ¶ Crystyne yf thou therof haue merueylle it is not without a cause how well that a saufconduyt after thauncyent constytucyon of the ryght of armes also of al lawe oughte for to be after hys nature a sure thynge betwyx partyes and mortall enemyes whiche we call capytall enemyes in oure lawes the whyche lettres of surete the good and valyaunt conqueroures that were in tyme past shulde not haue broken ne enfrayned for to dey But nowe in tyme present for the barates subtylnes and deceyptes that be founde by whiche men haue noo shame for to make a lye brekynge they re feyth and they re othe amonge crysten folke moche more than ony Iewes· nor paynemys wolde doo wherfore it is counseylled by som of oure maysters that men shal not truste of light in saufconduytes where as the tyme is now come that where the lawes doo calle frawde and barat it is now called subtyltee and cawtele wherof foloweth oftymes grete parell For in dede yf a man of what astate or condycyon that he be of wyl do som treason to som other body whan that he hathe the personne in a place where he fyndeth hym self the more stronge he shal fynde a noone al ynoughe wherof to coloure a cause to stryue wyth hym wherfore he shal slee hym or poyson hym he wyl or perhappes shal brenne his hous or shall robbe hym or otherwyse shall hurt hym vndre coulourable deceypte And whan thys is so doon there nys noo ryght that can com tyme ynoughe for to recoÌ„pense hym therof by cause it is doon vndre false coulour for
thees doubtes saith the lawe with gode ryght that for surete of a persone that putteth him self vndre the power of his enemye can not gyue hym self to grete a preuylege For after the dede doon the restytucyon were nothynge With out faille maister it is trouthe but yet to this propos telle thou me a questyon after ryght I putte cas that a crysâ—en kynge had gyuen a saufconduyt to som sarasyn I aske the what folke crysten ought to kepe hym his saufconduyt for to the purpos of that that thou haste said to fore may sâ—me to me al first that the popis nor the emâ—eroures folke haue nothinge a doo therof where as they be belongynge to a gretter lorde than is the kynge I knowe what thou wilt saye For sothe they be not holden therto nor namely noon other kynge crysten after the wytnes of the lawes the whyche saye that a kynge can not giue noo mauÌ„dement nor ordynaunce wythout his Iurisdicyon And therof I shall telle the the trouthe For som of his owne subgettes myght also doubte that they be not holden therunto the cause why is by cause that the sarrasyns ben generall enemyes of al crysâ—iâ—nyte And it is a thynge of trouthe and also wryton that noo crysten man ought not to receyue ony maner enemye of the lawe of god Soo is a man moche more bounde to obeye god than his temporal lorde as the lawe wytnesseth that saythe that to euery persone is permytted for to gaynsaye hys lorde yf he be suche a man that he wil kepe bere susteyne gyue fauoure to the enemyes of the lawe of god By what ryght thenne shulde be holden the subgett of the sayde kynge for to kepe that same saufconduyt And also the sarrasyns haue not werre onely wyth one kynge crysten but ayenst all and with thys the lawe saith that that thynge whiche towcheth all ought to be approued of all it is other wise nought but nowe another thynge is there to be vndrestande that is to wite that yf it be soo that for a raisonable cause it is gyuen vnto hym as for to purchasse the rauÌ„son of som lord or knyght or som other that is in the sarrasyns handes as a prysonner or for som other cause Iuste raysonable dowbte not therof that not onely the subgectes of the sayde kynge that gyue the sayde saufconduyt but generally all crysten men where as he must passe by ought to suffre hym goo surely for two pryncypall raysons that one is by cause that they shal not saye by vs emonge themself that litel feythe and loue we shulde haue togyder amonge vs that are crysten people whan we wolde not suffre that they shulde purchas the delyueraunce of thoos crysten that be prysoners in they re handes for the feyth of oure god that other yf rudnes were doon to them of the crysten whan they come amonge vs supposed that it were for vteraunce of they re marchaundyses or as ambassatours or for som other Iuste encâ—hoson they myght selle hit ryght dere to oure crysten people that for semblable causes goo amonge them full often Soo ought we to kepe them suche ryght as we wol that they shall doo to vs But yf it happed soo that a kyng or a towne had werre ayenst another and for to aduenge hym self or for som other vnreasonable cause shulde doo come to his aide or other wyse som myghty sarrasyn vndre saufconduyt In suche a cas noo crysten folke subgette or other ought not to suffre hym nor the vasselles nor capytaynes shulde not be reputed for forsworne nor vntrewe to they re lorde for the same For the lawe namely sayth that yf eny body be founde berynge eny lettres ayenst the comon vtylyte men may take hem from him and breke hem wyth out leue of the iuge and another like hyt sayth that al man ought to putte from a bout hym all heretykes and folke that doo ayenst the feyth ¶ Begynneth to speke of trewes and asketh yf that while they laste betwene two werreyers Any towne castell or other thynge may be taken one vpon other And whether that one partye shal kepe the trewes whyche that other partye hath broken or not Capytulo iiij MAyster me semeth that there is another assewryng of werre betwix enemyes that men calle trewes whiche is as one manyere of a peas made for a certeyn season So wol I therfore som what wyte of the of suche questyons as I shall make to the concernyng the same by cause that other while I haue harde saye in som contreys where namely it hath be som tyme vsed that it is noo grete euyll in tyme of trewes yf men see they re aduauntage for to take or stele by som cawtele som towne or castell or som gode prysoner yf they may So demaunde I of the yf it is trouthe that men may do soo without wronge to doo Wherby to thys I ansuere vnto the that who someuer do soo he enfrayneth the pure ryght of this that trewes conteynen And to th ende thou shall knowe hit best soo that thou mayste in thys partye testyfye it the bettre I shall telle the what oure maisters sayen therof Fyrst of all they saye that trewes is a royall assewrynge that by noo ryght ought neuer to be broken vpon peyne capytall lyke as the ryghtwis lawe of a kynge or prince ought neuer to be broken ¶ Item that trewes â—onteynen thre pryncypall thynges that is to wyte suretee youen for goodys moeuable and other goodis ¶ Item semblably to men and thirdly hit draweth to a treattee and to hope to haue peas And thenne syth that trewes conteynen in hem self suche thynges bothe in generall and in especyall by what ryght myght the one partye take other towne or castel or other thyng vpon that other partye dere loue with out faylle they that doon soo or that contryuen that yt may be doon without wronge they sett nothyng by the ryght soo fynde they dyuerse maneres of begylyng And sythe that they wol couere they re falshed with ryght and with the lawe whyche vttyrly is ayenst hem there as she sayth that al thyng taken and vsurped vndre truste of trues ought to be yolden ayen and restored and all the costys payed the name of trewes ought not to be called amonge suche men But they re dooyng ought rather to be cleped extorcyon deceyte And wyte thou what a kynge or a prynce ought to doo of hys owne folke that suche a vylany sholde doo to hym as to make hym lye and not sayeng trouthe of hys promesse and affyaunce made On my feythe to make they re hedes to be smytten of So shulde other take ensample and thys is the sentence of the lawe and therof he shuld gete suche a gode name that he shulde be reputed a ryghtewis kynge and more doubted he shuld be therfore And by the same he shulde gyue to hys enemyes cause for to yelde them the sooner and gladlyer vnto hym the whiche