be by force taken from hym to whyche of bothe may by ryght aske the sayde knyght hys losse or of hym that sendeth hym or of hym that hathe robbed hym I ansuere the that he may aske it of eyther of bothe that is to wyte of hym that hath sent hym by actyon of maundement and of the other by actyon of vyolence doon in dede And yf by the first is restytucyon made vnto hym than is he holden to leue in hys handes thactyon and the ryght of the demaunde that he myght haue made to that other by strengthe and vertue of whiche the lorde that so hathe made restytucyon to thys knyghte may recouere hyt vpon that other ¶ Now telle me morouere a baron hath certeyne werre vnto whome a knyght of his curteysie cometh to hys ayde in his felishyp whout that he be requyred therof â— I demaunde of the yf the same knyght after hys seruyce doon may aske yf it please hym eny wages ¶ For it shulde seme nay ¶ For why he was not called therto and it semed that his entent was to serue hym for a curtoysye I ansuere the to thys but yf that he be of hys kynne or lynage or that he be gretly holden to hym or that he were thyther com by waye of charyte and loue he may curtoysly make askynge without faylle som what for to susteyne hys astate and lyuynge yf it so pleaseth hym for to doo For the lawe sayth that noon ys holden to arme hym self for another atte hys owne costes So ought to suffyse the lorde that he hath had the socours of that other And in asmoche that more freely he ys com the more beholden is the borde vnto hym And ought to satysfye hym other by wages or by other gyftes or benefayttes ¶ Mayster I suppose that the kynge of Arragon shulde sende to morowe a grete oost of hys folke to socoure the kynge of Fraunce in hys werre for a certeyne space of tyme of hys owne pure curtoysye wythout that he had be requyred by noo manere of wyse but shulde doo thys onely for to yelde ayen a suche and semblable curtoysye as he dyde receyue som tyme I aske of the whether this folke after they re seruyce doon may aske wages For it shulde seme nay syth that they haue ben sent as a thyng that was due For how myght they aske payement of that wherfore they be come for to make satsfactyon there as they be bounden I ansuere the my loue that yf the kynge of Fraunce hathe serued som tyme the kynge of Arragon or other in his werre of acerteyn nombre of men of werre payed for space of tyme as it is ynoughe of custome emonge prynces beynge gode frendes to do so that one to that other Semblably is bounde by ryght of gentilnes the kinge of Arragon to doo for the kyng of Fraunce at hys nede ¶ Not soo that by Ryght the kynge of Fraunce myght aske hyt of hym but yf other condycyon of covenaunt were there ¶ For he that frely gyueth may not constrayne to be rewarded But in what somâ—uere manere that the comynge be the kynge of Fraunce is holden by ryght to rewarde hem wyth yeftes Yet I demaunde of the I suppose that a lady the whyche is a wydowe holdynge a lordshyppe be oppressed by werre wrongfully of a grete lorde or knyght to the whyche wydowes helpe goeth a gentyl man moeued with pyte and for to kepe the ladyes ryght and to encreace hys renommee in worthynes of knyghthode and to saye all he doeth there so grete fayttes of armes that thrughe hys prowesse briÌ„geth the sayd lady atte a good ende of hir werre and doeth a playne restytucyon to be made vnto her myght thenne thys knyght after â—â—hees thynges by hym thus doon aske eny salary or wages for hys benefayttes as he that wel hath deserued hyt I ansuere to the that Nay For without her mandement or callâ—ng he myght not constrayne her to gyue hym wages yf thou wyl saye to me that gretly he hath doon the proffyt of the lady I ansuere the that more grete honour he hathe made hys owne in asmuche that he is enhaunced therby in renommee of honoure and worship So is he payed al redy of the salary and rewarde that he sought But wel it is trouthe that yf the lady be of power and that she haue wherof she ought to deale so with hym that she gyue hym exsample and namely to al other in suche a wise that yf she had to doo anoâ—her tyme she myght be gladly socoured yet ageyne ¶ Yf a kynge hathe werre wyth another and is wyllyng to renne hym vpon Whether the lordes by whos landes he and hys oste muste passe may chalenge hym the passage or not ¶ Capytulo xij OF the thynges of armes I wol make vnto the other manere of questyons I suppose that the kynge of FrauÌ„ce for cause of som chalenge or quarell wyl make werre ayenst the kynge of hongry wherfore he doeth calle hys oste togider for to go vpon hym for the whiche cause the kinge of Fraunce writeth to the duke of austeryche that thrughe his land he may passe awaye and he assureth hym that neyther euyll hurt nor noo damage shall not receyue his countrey nother by hym nor bÌ„y hys men but rathere good proffyte in asmoche that for hys money he shall take vytaylles there The duke of austryche that maketh doubte of thys promesse ansuereth to the kinge that therof he wyl be made sure by gode hostages that restytucyon shall be to hym made yf eny greeff or damage is doon vnto hym atte this cause Soo demauÌ„de I now of the what of ryght is to be doon in thys byhalffe For the duke sayth that he is prynce withyn hÌ„ys lande so shall noo man passe there thurgh that bereth armes without hit please hym And of that other parte we putte cas that he consenteth the same yet it sholde be harde that suche an oste shulde passe nor myght passe wythout gret oultrages shulde be doon and therfore he wil haue of restytucyon a good surete Loue I ansuere the that by the ryght wryton he that for hys good ryght and iuste quarelle goeth to werre may and ought to haue hys waye and passages and comyn wayes by all realmes and landes soo that noo greeff nor hurt be there made by hym nor his men And thus thenne syth that ryght gyueth it hym he nedeth not to gyue noon hostages for that whiche of ryght ought to be do and this is wytenessed by the decretall where as it recyteth thystorye how that whan the people of Israell went ayenst theyr enemyes they must nedes passe thurgh the couÌ„trey of the Amorres the whiche folke wolde gaynsaye the passage but whan they sawe that they coude not cheuyshe with them by loue they wanne by force the passage as god ordeyned for them Soo saye I that semblably it shulde be ryght and reason thus for to doo in euery cas
hys peple nor he ought not to employe hyt to noon other vse lest hit shulde be to hys grete charge and the couÌ„seiller that other wise shulde conseylle hym hyt were to hys dampnacyon Nor noo gode kyng or prynce ought not to take hede nor herken after the feyned wordes of suche a counseyller but ought to hate hym as enemye bothe to his sowle and to hys body For he shulde counseylle hym hys dampnacyon and sholde putte hym in the waye to lese the loue and gode wylle of hys subgettes ¶ Whether the feed men or vassalles ben more holden to helpe theire soueraine lorde than namely theyr naturell lorde And yf a gentyl man holdeth two feodable tenementes of two lordes whiche make werre one ayenst that other whyche of bothe shall the gentyl man helpe ¶ Capitulo vj SWete maister soylle me thys question I say syth that it is so that a vassall is holden for to helpe hys lorde of whome he holdeth hys laÌ„de ayenst euery man It semeth theÌ„ne that yf a kynge or prynce had werre aienst som of hys barons that the subgettes of the baron of whom they holde shulde be bounde to helpe they re lorde ayenst the kynge or prynce For to the kynge they haue not promysed noo fealtee but onely to they re lorde of whome moeueth they re lyf lode whithout excepcyon Dere loue to this questyon I shall shortly ansuere without faylle how well that by reasons ynouhe thou mayste argue with sayenge that aswell may the lytel man helpe hym selfe of hys after the lawe as dâ—eth the grete and thus thenne why shal not the baron helpe hym self with hys men that fealtee haue promysed hym and not to the kynge cÌ„ And many other thynges that thou mightest adledge to thys purpos neuerthelesse I telle the that all reasons to the contrary after oure lawes ben admilled and of noo value For in good feyth noo subgett is not holden to helpe hym of whome he holdeth hys lande ayenst hys souerayne lorde but mysdoeth and putteth hym self yf he so doo vndre peyne capytall as he that offendeth the ryall mageste For what thowhe the baron be lorde naturall to the subgett Neuertheles the kynge or prynce vndre whomÌ„ they be ys souerayne And yf thou saye to me thenne doo they forsuere hemself I ansuere the Nay For noon othe can not bynde noone to do euyll whiche they shulde doo for to holde in wykkednes with they re lorde that wolde be ayenst they re souerayne lorde Dere maister a more harde questyon and that all ynoughe dependeth here of I will to the make I suppose that two barons of the reame of Fraunce or of som other countrey haue werre one ayenst the other for the whiche cause they sende and calle they re men and soone hyt happeth that the kynge for hys werres and deffence of hys lande hath nede of men and he maketh hys maundement in whyche are comprysed the subgettes of the sayd two barons soo aske I now of the yf they be bounde for to come to the kyng atte hys maundement and callynge or ellis to goo to they re lorde To this question conformynge the precedente I ansuere the that after ryght and lawe they are holden to come to the kynge and leue they re lorde And thre reasons assygneth therunto the fyrst is that the kynges werre or of the prynce souerayne beholdeth the comon wele and vtylyte of all the realme or lande the whiche werre ought to be more previleged than the synguler vtylyte of a baronye The seconde is that they are holden to the kynge of a generall iurisdictyon whiche is of mooste auctoryte and hathe a hghe powere ouere the lowe Iurysdycyon of a baronye Te thyrde reason is that hyt apperteyneth not that the lowe offycer haue auctoryte nor puyssaunce to be obeyed byfore the lorde and leseth hys powere assoone as the auctoryte of the souerayne prynce cometh forthe as the lyght of a candelle is lytell and is lost assoone as that the bemes of the some cometh on Yet another questyon I putte vnto the I suppose that an Erle or a baron of the realme of Fraunde holdeth certeyne landes of the kynge of Arragon or of som other kynge and that it happeth so that all vpon one tyme the sayd two kynges of Fraunce and Arragon sende for the sayde Erle or baron for to help them in they re werres to whyche of thees two kynges shall he thenne obeye For Imposyble it is to be in two places attones and it shulde seme that he myght be excused fro goynge to nother of bothe I ansuere the shortly that he can not excuse hym self nother of the one nor for the other wythout he wol lese the ryght of fealtee That is to wite that he muste goo to that one of whiche he holdeth mooste and to that other he shall sende a certeyne of hys men A more harde questyon I the demaunde yf it happe that the sayd two kynges a boue sayd make werre one ayenst the other I can not fele nor vndrestande to whiche of bothe he ought to goo but that he shall lese one of hys Landes I saye to the that the precedente ansuere may yet serue to this questyon after som opynyons that is to wite to goo to the one and sende to the other but thys thynge cowde not be wel supported in ryght For yf he shulde doo soo thenne must hys owne men be ayenst hym And therfore no bettre remedye nor waye I can herto but to chese the one that hym shall best please and to leue and for sake that other of all poyntes or ellis to haue grace of eyther of them that he shall not arme hym self nor noon of hys for to gyue ayde to nother of bothe And knowest thou what to suche a vassall apperteyneth On my feyth to endeuoyre hym self of all hys puyssaunce that peas may be founde betwene hem bothe ¶ Whether all souldyours may goo after the lawe to al manere of werre and deuyseth the parell wherynne the man of werre putteth hym self for to goo to the werre other wyâ—se than the ryght of werre requyreth ¶ Capitulo vij MAyster as by the I vndrestande me semeth that the subgettes be bounde for to goo to the werre wyth they re lorde yf they be called and sommed for to doo soo not at they re expenses but takynge wages of they re lorde cÌ„ Soo soyle me thenne yf yt please the another questyon I aske the thoughe hyt be so that the coustume is ynoughe generall emonges men of werre that who wyl take wages of all lordes townes or countrees for to serue in al manere of werres they all beynge of one contrey borne or of what straunge landes that they be of Yf thys men of werre that be not alle of one Contrey nor subgett may licytely doo soo ¶ For it shulde seme nay seynge that fayttes of werre muste be excecuted by occysion and other dyuers euylles whyche thynges be
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
difference thoo that are of his linage they putte theunto dyuerse dyfferences And seÌ„blably it is of the other barons of al gentylmen in likewise soo telle I to yâ— well that of ryght rayson noone ought to presume himself for to take eny thinge of the armes of gentylmen nother forto bere any thinge semblable nor namely one geÌ„tylman of an other gentylmans armes without that it be soo that he can shewe that of old tyme they be or haue ben longyng to his predecessours or that som lord had gyuen som beÌ„de or quarter or som other part of his armes to him or to his predecessours for thus might he wel bere hem without that the kynrede or other myght chalenge him for thesame for to diuerse baroÌ„s knyghtes gentylmen haue ben gyuen the armes that they bere or suche differences as be there of olde tyme past by som prynces or grete lordis wherfore they ought not to be taken by noon other as it is said But it is well trouthe that yf it happed a strauÌ„ger to come in place whiche bare the same armes euyn lyke of som geÌ„tylman of frauÌ„ce or of som other partyes that semblably had borne of olde tyme his predecessours he shulde not doo wronge to noo body in this byhalfe nor noo thinge myght not be said vnto him for thesame It the iij difference is of the armes that dayli be founde newe atte wille as whan it falleth hapli oftentimes that fortune enhaunceth men att her owne plaisire that they that be of ryght lowe degree comen to highe astate whiche thynge som tyme happeth by the suffisauÌ„ce of the persones other in fayt of armes or in scyence wysedom or couÌ„seyll or by som other vertue that they haue Soo it is not euyl employed to them that be worthy therof by noblesse of vertue the whiche whan they see hem self brought to highe astate they take armes att they re owne wylle and suche a deuyse as them plaiseth wherof som grownde and fouÌ„ded thesame vpon they re name as one that is called petir hamer he shall take one two or thre hamers for his armes And as another called IohÌ„n pye he shal in likewise sett the figure of certeyne pies vpon a sheld for his armes thus dyuersli of other deuises as it plaiseth hemself best the heyres that afterward shall descende come of him shall bere euermore thesame by thys manere of waye ben armes first founde and taken ¶ In what manere may a gentylman chalenge another for armes ¶ Capitulo xvj NOw telle me that I may vndrestaÌ„de I putte cas that my fader haue take for his pleasir in his armes a beÌ„de of goules with thre sterres of golde aboue thesame or soÌ„me otherthinge and that another man whiche is of nâ—o sibbe to my fader had tak semblable armes myght this man theÌ„ne bere hem by right without gainsayng of eny chalenge I aÌ„suere the that the maistrs of the lawes maken vpon the same suche a questyon that yf a man or a lynage had taken newe armes sith that openly he had borne hem and that it happed soo that another man of the towne or namely of the countrey of whens that other man or lynage were of wâ—ld take or had taken hem it were noo rayson but they ought to abyde styl to hym or them that first sette hem vp nor the lorde of the place yf eny complaynte be made therof vnto hym oughte not to suffre thesame For suche armes ben were founde for to knowe a dyfference amonge the folke other wyse there were noo dyfference but rather a confusion 〈◊〉 apperteyneth not to the prynce nor to his iustice for to suffre that his subgettes shal wrong nor doo shame to eche other And to doo suche a thing that is to wite to take the armes that another hathe taken a fore hit shuld seme as a despysing doon for a despyt for a ryote or noyse to begynne one vpon another now maister yet wold I be ansuered of another maner of debate that myght wel com a gentylman of almayne cometh to parys for to vysyte the kyng see the manere of his court wher he doo fynde another gentylman that bereth thesame propre armes that he they of his kynrede bere the whiche thing the said almayn wyl chalenge but the freÌ„shman ansuereth that he hath not fouÌ„den them of late but that his antecessours of old tyme had yet dyde bere them The almayn saith that his lynage is more auÌ„cyent than the frenshmannis kynred and therfore ought the sayde armes to be his owne and not the Frenshmans And that more is by cause that the frenshman sayth ayenst thesame denyeth hit the almayn ansuereth that he wol vpon this quarell fight with him casteth in dede his gage to him therfore in presence of the kynge soo aske I of the yf this almayn hath a good quarell whether the kynge by the ryght of armes ought to iuge herupon the champ of bataille In gode feyth my loue if for this cause shuld a batayll be iuged noo right accordeth not therunto ynoughe euydent is the rayson wherfore for what domage nor dysworship can come to the almayn yf a frenshman that his not of the couÌ„trey borne yâ— he is of and that are not bothe vndre one lorde bere suche armes as he dooth syn that they be namely of olde tyme hys owne wherfore thenne nor by what rayson ought he to chalenge the same Certes herto bilongeth noo bataylle to be iuged nor no maner of ryght nother but that eyther of them two shal kepe still that that he hathe I saye not that yf it happed to a knyght or man of armes of FrauÌ„ce or of som other laÌ„de thrughe falle dyssymulacyon that that were a man lyuyng an euyll lyffe a grete theef or man sleer to take the armes of a knyght of almayne with the whiche he shulde goo in to bourgoyne or in lorrayne for to take his proye to sette houses on a fyre there and robbyng folke by the waye without faylle the almayn shulde haue noo euyl cause for to chaleÌ„ge his armes from suche a man but schold his quarel be iuste good But noone other bataylle were not for to be Iuged ayenst this euyll man but onely the hangyng of his body on a gybet For it were not ryght that a good man shulde putte hym self in parel ayenst another that euydently were knowen crymynal and lyuyng an yl lyffe and for this baâ—at to take the armes of another as his owne men myght be punysshed by ryght in dyuerse wise For yf a souldyour of simple lygnage of almayne or of som other lande shulde come in to fraunce for to take the kynges wages in hs werres that shulde bere the armes of som auncyent knyght of his countrey of whos predecessours after the renommee were acustomed to com ryght gode men of armes and forto be the more worshiped and more
I said to hym O dygne master I knowe that thou arte that same studye whyche I loue and haue loued so moche that of nothynge more I remenbre me by whos hauntynge vertue I haue al redy thanked be god broughte atte an ende many a fayre enterpryse Certes of thy companye I am ryght glad But where it ought not to dysplease the maister yf a dyscyple desyrouse of lernynge moeueth questyons I pray the to telle me yf eny rebuke shal mowe be caste to the regarde of my werke for this that thou hast counseylled me for to vse of the sayde fruyte Sâ—re love to thys I ansuere the that the more that a werke is wytnessed and approved of more folke the more it is auctorysed and more auctentyke and therfore yf eny dâ—o murmure after the gyse of euyll spekeâ—s sayieng that thou beggest in other places I ansuere them that it is a comon vse emonge my dyscyples to gyue and departe one to other of the floures that they take dyuersely out of my gardyns And al thoo that help hem self with all they were not the fyrst that haue gadred them Dyde not mayster IohÌ„n de MownÌ„ help hym self with in hys boke of the rose of the sayinges of Lorrys and semblably of other It is thenne noo rebuke but it is lawde praysynge whan wel proprely they be applycked and sette by ordre and there lyeth the maystrye therof and it is a token to haue seen and vifyted many bokes But there as were euyll to propos men shulde doo serue thynges whiche were taken ellis where there were the vice doo soo theÌ„ne hardly doubte the not for thy werke is gode and I certyfye the that of many a wyse man hit shal be yet ryght well commended and praysed ¶ Crystyne demaundeth yf by ryght the emperoure may moeue werre ayenst the pope Capitulo ij Thenne me semed that I sayd soo sithen that it is so right solempne iuge that I shall adde in my boke of armes of knyghthode yet of the fruytes gadred out of thy gardine by thy comaundement vsynge of them I shall aske of the soÌ„me questyons whyche apparteine to the sayde matiere of armes that is to wite of the ryghtes that behouen therto after the lawe ryght wryton And fyrst of all entrynge in the said matyere I demaunde of the Sith that it is trouthe that as in the begynnynge of thys bok I sayde and thy self wel I wot shalt not denye hyt that werres and bataylles after ryght behouen not to be mayntened nor Iuged but by the erthely prynces that of noo thynge holde they re landes and countrees but onely of god as Emperoures kynges dukes and other namely that be lordes Whether the Emperoure of rome that as to temporell Iurisdicyon is the pryncypall of the worlde may make after ryght wryton werre ayenst the pope and yf it so be that he thus entrepryseth hit whether hys men and sugettes be bounden for thys cause to come to hys callynge For hyt semeth that they shulde doo soo by cause that Iurysdyctyon lordshyp is due to hym more than to ony lorde of the worlde and another more stronge a reason there is that is to wite that it apparteyneth his subgettes to be to hym obeyssaunt or ellis forfayt forswere hem self of that whiche they haue promysed him what so euere he be gode or wikked al were he stismatyke acursed dere loue to this question I ansuere the that to moeue him werre after ryght he may not see here the reasons that the lawe writon theruÌ„to doeth assygne first for bicause that he is procuratoure of the chyrche Soo it were a grete oultrage that the procuroure sholde be ageynst the mayster the whiche he ought to deffende there as he shulde offende It the emperoure is subgecte to the pope this can he not denye For hit appyereth clerly by thys that his electyon apparteyneth so moche lyeth in the pope that hit bilongeth to hym to enquyre yf he be a man ydone and hable to the see Imperyall and whether the electyon be duely made or not And for to crowne hym Thus thenne sith that he is subgette vnto the pope It were grete wronge that subgette shulde doo ayenst the souerayne And yet I say to the more that yf the Emperoure ruleth not hym self and hys Empyre after the lawes of a gode Emperoure the pope may take from hym the dygnyte Imperyalle And shall stablysshe another in hys place Soo ought not thenne nor may not the subgettes obey after ryght to the callynge of suche a werre but yf they wil dysobeye god in persecutyng of hys chyrche ¶ Whether the pope may moeue werre ayenst the Emperoure or not ¶ Capitulo iijo· SIth that it is so swete maister that the Emperoure may not nor ought not to moeue werre ayenst the pope I aske the wether the pope may moeue hit ayenst hym for it shulde seme naye seynge that he is lieutenaÌ„t to IhÌ„u cryste in erthe so he oweth to ensewe his steppes whiche were all peasyble nor neuer helped hym wyth werre and wyth this he sayd to hys apostles that they shulde not vse of lordshyppes as do prynces and lordes ¶ Item with this said saint pol that they of the chyrche ought not to Reuenge hem but ought to ouercome by suffrauÌ„ce I ansuere the puttynge thees reasons apart all other suche that the pope without faille may moeue werre ayenst the emperoure in som cas that is to wite yf he by aduenture be heretyke or scysmatike It yf he wolde vsurpe the ryght of the chyrche take from her hir patrymonie and hir enherytauÌ„ce Iurisdycyons and wel I say to the that in thees cases he onely may not make hym werre but shulde be holden all Crysten prynces and other namely of the empyre to help the pope as som tyme it happed to the pope Alexaundre the thirde of thys name the whyche persecuted of the emperoure went for hys refute to the kynge of Fraunce that putte hym ayen in to hys place and nothynge it were that som shulde saie that god saide to saynt peter that he shulde putte his knyfe agayne in to the shede whiche was for to saye that with noo gleuys the chirche shulde not smyte For he sayde not that he shulde cast hit awaye from hym but that he shulde putte hyt vp in to the shethe ayen whiche was to be signyfyed that he shulde kepe hyt for the tyme to come For atte that owre he wolde not vse of hyt in dede ¶ Of the puyssaunce and auctoryte of the captayne of the prynces knyghthode after the lawe and for whÌ„at thynges men of armes may renne in to capitall peyne ¶ Capytulo iiijo· MAister it suffyseth me ynoughe as to this cas But please the to telle me yf I haue here bifore all ynoughe suffysauntly spoken of thoffice of the hed captayne of the oost of the prynce how be it that other tymes I haue be infourmed
lyke I demaunde of the mayster I putte cas that a baron of Fraunce haue moeued wrongfully by hys oultrage werre ayenst a knyght in whiche he hath borne hym grete damages and gryeues But for the tyme he can not fynde noo waye to haue ryght of hym by Iustyce Neuertheles he calleth togider wyth hym his frendes with a grete rowte of men of werre for to renne vpon the said baron the whiche of hys parte deffendeth him self so well that he can not entre his lande nor domage hym And by cause he hurteth and domageth in dede the contreys that be next neghbours to the lande of the baron for bycause that they he fauourable to thaide of his saide enemye so taketh he there proyes out of all sydes and wexeth ryche therof in so moche that he can wel shewe asmoche or more than he had afore of domage It happeth thenne that in parys they mete bothe togider afterward where as the sayd knyghtdoeth somone the said baron in the court of parlyament and there he asketh hym restytucyon of the domages that he hath doon to hym wrongfully and without a cause in the sayde werre To the whiche thinge that other ansuereth that it ought wel to suffise him of that whiche he hathe goten by meanes of the same werre For where as byfore he was a powere knyght he was becom ryche by the proyes that he had goten and taken ¶ The knyght replycketh and sayth that he hathe noo thynge a doo of that that he hathe wonne in pursuynge of hys owne and that it is nothynge of hys and yf he had pugnysshed hys neyghbours of the synne that they dyde in forberynge hym wrongfully ayenst hym it was not reason that they re goodes taken and that were not his shulde tourne to hym to the abolicyon of that that he owed hym Soo aske I of the what of thys is to be doo To thys I ansuere the that yf it were so that the knyght had doon so muche that he had had of the goodes of the baron so moche that hÌ„e had be restored thenne it shulde suffise by right without faille But yf in makinge this werre he had wonne and taken ought vpon his neighbours by the meanes aforsaid the whiche thinge is ryght of werre the said baron is not therof dyscharged nor excused in no thiÌ„ge but he is holden as he was byfore to suche damages and Interesses that he hathe doon vnto hym by wronge hande and well argueth the knyght of that that he saithe For yf that other wolde saye that it apparteyneth not noo duete to be payed two times therfore syn that he was ones paied it shulde suffyse all this is noo thynge by cause that it is not to the regarde of hym yf he hathe wonne it by waye of werre that is for the pugnicyon of them that gaafe ayde and counseyll to the sayd baron ayenst hym ¶ Here sheweth yf a man had be wounded and sore hurt of another the whiche is ronne awaie after the stroke was giuen and he that is so hurt folowe hym and atte laste shulde hurt hym Whether Iustyce shulde pugnysshe hym therfore ¶ Item and yf a man of armes boroweth horses and harnoys and leseth them Whether he ought to yelde them ayen ¶ Capytulo xij MAyster I remembre me that thou hast sayd here afore that to a man in deffense is permytted to hurt another And by cause that all hurtes and betynges that be doon by euyll wille one vpon other ben and may be called the membres dependynge of werre I make vnto the suche a questyon Yf a man haue hurt another and assone that he hath light his stroke vpon he renneth awaye as faste as he can but he that is hurt foloweth after tyl that he ouertake hym and semblabli stryketh and hurteth hym So demaunde I of the whether he that foloweth ought to be punysshed For it shulde seme by thyn owne sayenges Nay seeynge that he hathe not goon beyonde the wayes of Iustyce syth that he was first hurt thoughe he after wardes hurteth and namely yf he had slayn hym by that that I vndrestande of ryght in deffensynge of hys body yet shulde he be excused also he hathe doon hyt without taryenge For yf he had taryed to the morn after I wold not saye that it were vengence I ansuere to this that the cas that thou spekest of is dyffered fro Iuste deffense the whiche is preuyleged that is to wite after the lawes For syth that the fyrst fled awaye after his stroke the lawe graunteth not that the other shulde pursyewe hym nor hurte hym and therfore he deserueth punycyon But trouthe it is that more grete punysshement hathe deserued he that fyrst stroke hurted And yf the seconde hathe deserued grete or lytell punycyon amonge the masters be therof dyuerce oppinions Neuertheles it is noo doubte that the fyrst moeuynge that is in hym to fele hym self hurte and the hasty hete that causeth and chaffeth hym sore to folowe excuseth hym moche wherfore more moderatly he ought to be punysshed for But and yf he had slayne that other sodaynly whan he fyrst stroke hym Iustyce shulde not haue had ought to do with so that he can proue that he was assaylled and stryken fyrst by cause that the lawe suffreth to slee another for sauynge of his owne lyffe yf thou telle me that it may be soo that he that assaylleth fyrst hath noo wille for to slee I ansuere the that soo doeth not he that is assaylled And also strokes be not stryken after noo patron For suche weneth onely to stryke that sleeth And therfore he that hathe the first stroke myght wel tarye so longe are he strake ayen that he shulde fynde hym self the fyrst slayne But thees thynges not wythstandynge for conscience and for alle ought aman to kepe hym self as nyghe as he can that he slee not another For nothynge what soeuere it be is more dyspleasaunte vnto god than for to dystroye hys lyke and he is the Iuge that all the thinges after right punyssheth nor nothinge can not be hid nor kept from hym ¶ Another petycyon A knyght of almayne or of som other countrey cometh to paris where he fyndeth the kynge redy for to goo to bataylle the sayd knyght that therof was not aware had not atte that owre no manere of harneys propyce for hym self but as desyrouse to serue the kynge to encreace hys honoure he doethe so moche that som gentylman that knoweth hym well leneth hym bothe horses and harneis suche as pleaseth him well It happeth thenne that this almayne leseth in the bataille bothe horses and harneâ—s and all that he hathe and with peyne as a naked man he scapeth After whiche thynge the saide gentyl man that had lent hym all this asketh and wol haue hit ayen of him now is to wite after the ryght of armes whether he is bouÌ„de to make restytucyon therof or not I ansuere the that this questyon is in
other good moeuable is yolden vnto the kynge or prynce by al thus that he is holden to gyue to the sayd man of armes that hath goten hit what so euere he be the sayde pryce of x thousaund Francs And suche a thynge is a gode custome in a lande But the forsayde lawe affermeth the decree that sayth playnly that al the proye ought to be after the prynces wylle And ought to departe it iustely amonge them that haue holpen to gete hyt euery man after hys meryte And that thys thynge be of a trouthe noo man myght not susteine the contrarie For the same is approued by the ryght vriton that namely assygneth therto suche a reason that is to wytte that if it were soo that the prysonners or proyes shulde be to the man of werre all thus and by the same reason shulde be theyrs the castelles and townes that they take the whyche thynge were neyther good nor Iuste that they wyth the money of the kynge or prynce and had at hys expenses shulde gete for they re owne behoue eny grounde For that whiche they doo is doon as of the kynges owne werk men that be sette awerke for hym and in his name therfore ought not the proye to be theyrs wyth they re wages but onely thys that the prynce wyl 〈◊〉 â—hem of a specyall grace the whiche grace to saye trouthe wel and largely hit behoueth them as to them that setten in adueÌ„ture so dere a catell as is the blode the lymes and the lyffe And the more that a prynce is hygher in the degre of noblesse so moche more he ought to rewarde theym that wel haue deserued it ¶ And of the proyes wonnen in erthe the noble and worthy auncyent kept nothyng therâ—of for they re owne self but onely hyt suffysed them to haue the name and the worshyp of the dede doon by they re men whyche had the proffyt therof And by suche awaye they gate the hertes and loue of they re men of werre that they brought atte a gode ende they re grete and merueyllouse entrepryse ¶ Begynneth to speke of prysonners of werre and howe a myghty man taken in werre ought to be yolden vnto the prynce and howe not ¶ Capytulo xv ANd by cause I have tolde the here by fore That after the forsayd lawe is to be knowen of what condycyon is the personne that hathe conquested som what in armes wherof I haue declared to the one parte Nowe suppose we other wyse that is to wyte that a baron made werre ayenst another baron were hys quarell Iuste or not or that wolde deffende hys lande fro som other For why aswell to deffende hym self and to kepe hys lande what that the caas be It behoueth hym to Iuge a iuste werre as whan he enuahyssheth And yf it hap thenne that thys baron that so deffendeth hym self taketh that other that enuahysheth hym shuldest thou saye that he were hys owne prysoner I certyfye the that nay nor noon other ryght he shulde haue vpon hym by the lawe but onely to holde and kepe hys persone sure vnto the tyme that he shulde presente hym to the lorde souerayne of whom he sholde holde the baronnye whyche shulde gyue vpon hym hys Iugement but another inspecte may be herupon that is to wyte that yf he that taketh hym be suche a man that he haue souerayne Iustyce in hys owne hande or ellis that he haue the powere to doo Iustyce vpon the mysdooers and hathe custome to do therof as the veray lorde as ben many lordships that haue suche auctoryte I telle the that syth that he fyndeth hym rennyng ouer the lande robbyng and sleeynge hys men that he by hys Iustyce may punysshe hym yet supposed that he were a gretter lorde in degree than hym self ¶ Not wythstandynge that men myght make an arguement vpon thys caas that a man may not nor ought not to be Iuge in hys owne propre cause I say that he may doo soo and by two reasons that one by vertue of his Iurisdycyon whiche is to punysshe and doo Iustyce of the mysdooers and that other that he punyssheth the delicte of hym that maketh hit vpon the propre place wherof he hathe auctorite of the lawe to do soo For yf a man assaylleth another and thynketh to hurte hym he that is so assailled may doo to that other that that he wolde had doon to hym and I telle the that it is attemperauÌ„ce of a reasonable deffence but I confesse well that yf he that so is assailled and that had noo Iurysdycyon nor auctoryte to do so shulde punysshe of his owne hed hys aduersarye vndre the tytle of Iustyce or that shulde kepe hym in pryson he shulde doo wronge to his souerayn lorde and shulde putte hym self in parell to lese that that he holdeth of hym therfore he ought to yelde hym soone to the sâ—id souerayne lorde Fpr namely it were lawfull to a man of the chyrche in suche a caas for to recouere his thynges ayen ¶ Whether men ought to doo deye a chyef capytayne of an oste taken in fayttes of werre or ellis yf he oughte to be for the prynce And whether it is a thynge lawfull and that concerneth the ryght wryton for to make a man to paye eny raunson for hys delyueraunce ¶ Capitulo xvij MAyster syth that we ben entred in to purpos of prysoners taken by by faytte of werre I aske the yf it happe the hed captayne to be taken or som highe man that hathe sore letted doon grete hurt and yet myght doo to that partye that hath taken hym yf he escaped Yf by the lawe and ryght men myght putte hym to dethe For by the lawe of nature hyt shulde apere that ye where as it is trouthe that al thinge awaiteth to distroye his contrarye Certes dere loue I ansuere the that what especyally the lawe cyuyle sayth that he that is taken in bataylle is in thraldome as a selaue or seruaunt that taketh hym he ought not to be slayne For why the decree affermeth hyt sayenge that syth at a man is in pryson mercy is due to hym Thenne thus yf myldehede is due to hym howe myght he be putte to dethe wyth out that Iniurye were doon to hym ¶ And yet more harde I shal telle the Another decree there is that saythe that syth that a man hathe ouercome another he is holden to pardonne hym specyally his lyffe Soo saye I to the well that it is ayenst all ryght and gentylnesse to slee hym that yeldeth hym And I telle the that the parentes and frendes myght pursue therfore as for wronge doon but yf it were so that the prynce shulde kepe hym towardys hym and take hym fro the handes of hym that had taken hym and by a gode and Iuste cause yf he had well deserued it and that he by hys counseyll knewe that a grete euyll and hurt myght come to hym and to hys lande yf he let hym goo free shulde
make hym to deye For in other manere of wyse it were a thynge Inhumayne and to grete a cruelnes And yf thou say to me that auncyently they had a lawe that they myght make theire prysoners to deye yf it pleased them or selle them to whom they wolde or make hem to laboure in they re seruyse cÌ„ I ansuere the that amonge crysten folke where the the lawe is altogyder grounded vpon myldefulnes and pyte is not lycyte nor accordynge to vse of suche terannye whyche be acursed and reproued Nowe I make the other questyons to knowe where a prysoner ought to be or to whom or to the lorde or to hym that hathe taken hym For me semeth that ye haue sayde here byfore that one lawe there is that wytnesseth that a prysoner is in the wylle of hym that taketh hym and syth that he is atte hys wylle hyt semeth thenne that he shulde be hys owne ¶ Fayre loue it semeth that thou hast forgoten that that I haue tolde the afore Soo saye I yet vnto the ageine that verily there ben many opynions of dyuerse maisters ¶ Pro and contra in this caas here ¶ Neuertheles it is concluded that al pryses and proyes as alredy I haue tolde the ought to be atte wille of the prynce whom apparteyneth to dystrybute them after dyscrecyon Wel I wndrestande the maister now telle me that syth that we crysten men atte thys day haue lefte the auncyent lawes to putte in thraldom or to slee the prysoners I aske of the yf Iustly men may demaunde of a prysoner a fynaunce of gold or of siluer or of som other moeuable goodis after this that men vsen comonly in faytte of werre For yf I remembre me well thou hast sayde here byfore that to a prysoâ—er is myldefulnes due of ryght vnto hym and me semeth that sith it is due to hym after ryght men doo hym wronge thenne to make hym paye reanson where as men doo to hym noo misericorde I telle the yet and ansuere vpon a newe that veryly is myldefulnes due vnto hym in two maners that is to wyte that the lawe ought to be respited to hym and the lyf saued and more harde I telle the that the mayster is holden of ryght and bounde to helpe his prysoner aienst another that wolde offense hym ¶ Item with this is myldefulnes due to hym in suche a manere that yf it were possyble that a man of armes had al that he is worthe vpon hym atte that owre that he is taken altogider may be to the mayster that taketh hym without that he shewe hym fauour and doo to hym myserycorde But of ryght vryton he ought to be myldefull vnto hym so that in takyng of his prysoner reanson whyche is permytted in ryght of armes by especyall of one natyon ayenst another whan they doo werre togyder as englysshe men and Frenshe men and other in lyke wyse ought to be taken heede that the reanson be not so cruell that the man be not vndoo therby his wiffe children distroied and brought to pouerte Other wise it is tirannye ayenst coÌ„science aienst al ryght of armes For it apparteyneth not that a gentylman shulde begge hys brede after the payemeÌ„t made for hys reanson but ought to be lefte hym wherof he may lyue kepyng his astate And wel ought to be praysed the vsage of ytalye in whiche werres whan a man of armes is taken he comonly leseth but onely his horses harneys So nedeth hym not to selle his lyflode nor to desheryte hym self for to paye his reanson Thus mayst thou see in what manere is reanson couenable Iuste and good after the ryght oâ—â—rmes whiche is permytted But for to putte a man in an euyll pryson and constrayne by tormentynges to paye more then hys power may bere it is an homynable horreur and the dede of a cruel crysten tyraunt wers than a Iew And wote thou for certeyn that that whiche he hath bi suche wayes of hys prysoner it is ryght euyll goten and he is bounde to yelde it ayen or ellis it is hys daÌ„pnacyon Soo kepe hym self there fro euery man ¶ Whether it is of ryght that men may take vpon the ennemyes londe the poure laborers ¶ Capitulo xviij I aske the whan a kynge or a prynce hathe werre ayenst another though that it be Iuste whether he may by ryght ouer renne the contrey of his enemye takynge al manere of folke prysoners that is to wite them of the comyn poure peple as ben laborers shepardes and suche folke it shulde seme that nay For what reason ought they to bere the penaunce of that that they medle not hem self where as they can not the crafte of armes nor it is not they re office nor they be not called for to iuge of werres also werres comen not by suche poure folke but they be full sory for it as they that full fayne wolde alwayes lyue in gode peas nor they aske no more So ought they theÌ„ne as me semeth to be free therof lykethat of ryght ben prestes relygyouse all folke of the chyrche by cause that they re a state is not to entremette hem self of warre And wyth thys what worship may thys be nor what pryce of armes for to slee renne vpon them that neuere bare harneys nor coude not help hym self wyth all and that haue noon other offyce but poure Innocentes to goo to ploughe and laboure the lande and to kepe the bestes To thys I ansuere the supposyng in thys manere We putte caas that the people of Englande wolde make no manere of helpe to they re kynâ—â— for to greue the kynge of Fraunce and that the Frensâ—e men went vpon them wythout faylle by ryght and reason and aftâ—r the lawe they ought not to hurte nor misdoo nother in body nor in goodes of the people nor of them that they shulde knowe that had not meddled them self in nothynge to helpe nother by they re goodes nor by they re counseyll they re kynge But and yf it be so that the subgectes of the same kynge or of som other in semblable a caas be it ryche or poure laborers or other gyue ayde comfort and fauoure for to mayâ—â—ten the werre the Frenshmen after the right of armes may ouer renne theire lande and take al that they fynde that is to wyte prysoners of all astates and al thynges and be not bounde for to yelde them ayen For I telle the that suche right is determyned ryght of werre Iuged by bothe kynges or prynces counseyll they re men of werre may gete the one vâ—pon the other And yf som tyme the poure and symple thâ—ughe they arme not hem self doo a byd the bargeyne and be sâ—re hurt therby it can not be other wyse For the euyll herbes can not be had out from emonge the goode by cause they be so nyghe eche other wythout that the gode herbes haue a felyng therof But to behâ—lde ryght
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
man of lawe for what rayson he requyreth the same what cause he hath therto And yf the man sayth that whan he cam fro mylaen were taken from hym in the towne of Ast ten thousand frankis orthe value therof or more or lesse that of them he coude haue noo ryght but they of the towne bare out this thynge though that he dide his deuoire to complayne bifore theire iustyce Thenne ought the kinge to write vnto them praying that amyably they wyl receyue his lettres make restitucyon to be made vnto his subget of the oultrage hurt domage that by onâ— or dyuerse of hem hath be doon and yf it so happe theÌ„ne that for his sendyng desire they wol doo nought make noo force of the kyngis lettres that it be seen delibered by dyreccion of gode couÌ„seil theÌ„ne suche a marke longeth therto the kynge thenne after the costume of the lordes temporall may gyue hit of his auctorite especyall ¶ Yet of the same and whether al lordis may gyue marke whether the kynge ought to gyue hit for a stranger that wil be made his cytezeyne whether scolers myght be troubled by vertu of the same or not ¶ Capitulo vj THeÌ„ne maister yf it happed that the peple of florence or of ellis where had taken in like caas the goodis of a marchauÌ„t of paris how shulde marke be gyuen ayenst that same cyte for yf men goo to the right there most iustice be asked therof to the souerayne iuge of the same place that is the emperoure but how be it that they ben of right his subgetis it is not to be doubted but that they wol doo litell or nought for hym to saie that the marchauÌ„t shulde goo to plee bifore theire potestate of that yere yâ— haply shal be a cordewaneâ— or a tailler yet shal he bere hys gylt gyrdell as a knyght shapyng sowyng his â—hoâ—e after they re custome Soo byleue I that litel ryght he shulde fynde there I saye not onely more of florence than of another cite where as the people gouerneth what theÌ„ne shall herof be made Aa faire loue thaâ— that I tolde the bifore shal be doo the kynge shall sende thyâ—ther his lettres if they make of them noo force he shall theÌ„ne mowe gyue hys marke aienst them lawfulli sith that they saie hemself that they haue noo souerayne but calle hemself lordes of florence maister I aske the yf all lordes may gyue marke My loue I ansuere the nay For as thy self hast sayde repliked bifore noo lorde may Iuge werre but yf 〈◊〉 be souerayne of Iurisdiction And where theÌ„ne this dede of marke after his owne kynde condicion is like vnto werre noon may gyue the same but yf he be a lorde without me ane as the kinge of frauÌ„ce other ben of they re royalmes Now telle me yet I suppose that a marchauÌ„t borne of the cite of mylan hathe ben dwelling of longe tyme in parys hath there housyng herytages landes Wherfore he shal be reputed taken after the custome as a burgeys of the cyte there I aske the yf for this man the kynge shal gyue marke yf the cas as a loue is saide happeth to falle seeyng that he is not of the nacion of frauÌ„ce but is borne vndre the iurysdiction imperyal I ansuere the that after the rule of ryght he that is partener of the hurt charge he ought in lykewise to be partener of the we le coÌ„fort wherfore yf it be so that this marchauÌ„t haue of longe tyme payed the subsidies imposicyons of his marchauÌ„dise goodis vnto the kynge is a burgeys without faylle the kynge is holden to bere supporte hym in al thynges as his subgett citezeyne semblably I telle the of a knyght or som other geÌ„tylman strauÌ„ger dwellyng of long tyme in France seruyng the kynge in his werres soo that he haue lyuelode there of his owne yet I aske the yf for cause of this marke thus gyuen myght a clerk studieng atte the sooles within paris be letted or troubled or his godis arrested I ansuere as aboue that nay nor namely his fader that were come for to see hym there Nor namely the kynge may not gyue marke thoughe the cas so besell ayenst what someuere folke of the chyrche where as he hathe nought to knowe oner them but this longeth to the pope yf they ben prelats of other it lieth in they re prelat that ought to compelle them for to do right reason nor the king by right can gyue therto noo remedy but yf it be atte thynstaunce of his prayer yet I telle the that al pelgrimes of what lande or nacyon so euere they be be it in tyme of werre of trewes or of marke ben in the sauegarde of god of the saint where as they propose to goo to therfore the countrey taketh hem in her especyall sauuegarde wherby they be preuileged aboue all other folke that be reputed as folke of holy chirche he is acursed of oure holy fader the pope yâ— hurteth or troubleth them by any manere of wyse ¶ Here begynneth to speke of champ of bataill and asketh yf it is inste goode that a man shall proue by his owne body fightyng ayenst another that thing whiche is secret and vnknowen Capitulo vij After thees thinges where as I am ryght content of the solucyons aboue sayde right dere maister coÌ„tinuyng the matere of werre I wol make to the other questioÌ„s bi cause that in my tyme I haue somtyme seen vsed infrauÌ„ce of thys wherof I wil nowe speke namely bifore my tyme hit hathe be vsed all ynoughe in other places as for faites of armes that is to wite werre that is onely made betwene two chaÌ„pions or otherwhyle many of one quarelle in a closed felde the whiche werre is called chaÌ„p of bataille whiche one geÌ„tylman vndretaketh for to doo ayenst another for to proue by myght of his owne body som cryme or trayson that is occulted or hydd soo demauÌ„de I of the yf suche a bataille is iuste permytted by ryght doughter dere loue of this matere amonge all other bicause that the noble men that be not clerkis that this bok shall mowe here or rede knowe best what in this is to be doon it pleaseth me right well to ansuere yâ— therof wherfore to th eÌ„de that they yâ— loue the dedes of knyghthode shall vndrestande hem self in this matere that thy self that after me shal writ it mayst shewe yâ— trouthe therof I telle the that emonge the other thingis of armes after diuine ryght also after right humayne bothe canon ciuyll to giue a gage of chaÌ„p of bataille or to receyue hit for to fyght is thing repreued condeÌ„pned amonge the other decrees that forbedeth the same is acursed by the ryght canon aswel he that gyueth
connynge ¶ Asketh Crystyne whether a bataylle may be doon vpon a holy day after ryght and whether it is taken in ryght that a man of armes may saue his sowle And yf clerkes may goo to werre or not ¶ Capitulo xiiij MAister nowe telle me yf a bataylle be it general or specyal may be doon after ryght writon vpon a holy day For to me shulde seme that nay seeyng that the festyual dayes be ordeyned for to serue god onely and it is noo seruyce applicked nor doon to god for to fyght in a felde one ayenst another without faille my loue of this propos thou shalte fiÌ„de in the auÌ„cyent testameÌ„t how it was permytted of god vnto the children of israel that vpon what soeuer day the men shuld com vpon them that they shulde deffende hem self that they shulde yssue out for to gyue bataylle Therfore I telle the that for cause of necessyte men may well som tyme make a felde vpon a holy daye that is to wyte in caas that men were assaylled But wythout faylle for to vndretake a day of bataylle vpon a holy day it is not well dâ—on nor it apperteyneth not though that at thys day ben the crysten peple of so feblÌ„e and so lytyll feyth and of so lytyll reuerence towardys god and to hys sayntes that men of of armes maken noo force soo that they see they re aduauntage for to ryde scarmysshe steele and to goo forthe to the pyllage and robberye aswell vpon an Estirday or the good Fryday or vpon som other grete and solempne day as vpon other dayes the whyche thynge ought not by noo manere to be doon without that grete nede constrayneth therto or 〈◊〉 this be doon for a grete goode to the comon vtylyte I demauÌ„de of the mayster yf we oughte to kepe holde that a man of armes may saue hys sowlÌ„e in excercytyng thoffyâ—e of armes For a grete doubte myght be caste herto sâ—eyng the grete euylles that necessaryly behoueth hem for to doo and also he that deyeth in wylle and desyre for to greue or hurt 〈◊〉 neyghboure gooth not a good awaye Soo semeth to me that suche is the desyre of men of werre that goo in armes ayenst they re ennemyes Whiche wold god that men shâ—lde leue How thenne myght he be saued that deyeth so 〈◊〉 Doughter I shall ansuere the shortly â— thre conclusyons The fyrst that wythout doubte after that the decree declaâ—reth the knyght or the man of armes that deyeth in the werre ayenst them of euyl byleue for thenhauÌ„sing of the feyth of IhÌ„u Criste soo that he be repentyng sory for his sinnes he goeth strayghte as a martyr vnto heuen The seconde â–ª that yf a man of werre deyeth in a bataylle grownded vpon a iuste and gode quarelle for to help the ryght or that hit be for the true deffense of the lande or for the comonwele or for to kepe the fraunches and good customes of the place or couÌ„trey but yf som other synne letteth hym his sowle is not a greued but a right gret meryte he hathe therby suche may the cas and the quarelle be that he goeth right forthe in to paradyse by and by And it is determyned that he that exposeth his lyffe for to deffende iustyce deyeth well a good dethe as it is for to fyght in a iuste quarelle for his kynge or priÌ„ce for the countrey and for the peple whiche his a merytoryouse dede But the thirde conclusyon is contrary to the same that is to wite that yf a man deye in a bataille whiche were ayenst hys conscyence that is to wite that he shuld thynke that the quarelle were not goode and that it were doon but for to vsurpe and take the ryght from another that shuld care for noone other but that he may robbe and take and gete his wages without faylle yf suche a man hathe noo leyser to haue repentauÌ„ce at hys last endyng we coude not presume that he were in waye of saluacyon Late therfore kepe hem wel that therto putten hem self For bothe the body the sowle they putte in grete pareyll yf they doo gyue hem self for to susteyne a false quarelle And to this ought straunge souldyours to take gode hede But many there be that make noo force of the quarelle soo that they be well payed of they re wages and that they may wel robbe But suche folke doon moche worse are lesse to be excused than be thoo whome it behoueth be it right or wronge vpon peyne of losyng of they re landes to be with they re naturell and souerayne lorde how be it that they oughte with all they re power yf they dide fele that they re lorde had wrong to putte hem self in peyne and in her deuoyre for to lette and dysmoeue the werre thou hast spoken ryght well gode mayster but I praye the telle me yf clerkes or men of holy chyrche oughten or may go goo to a bataylle without that they shal mysprise hemself I telle the that oure doctours maken herof many questyons after the opynyon of som they may goo with deffensable armes and not inuasible that is to wite as to a cas of deffense and not for to enuayshe And other sayen that they ought not to come out of they re place for noo manere a cas but onely is permytted to them the deffense of the cyte fortres or manoyre where they be in vpon the walles or at som wyndowes for to deffende hem self with gode stoâ—nes with suche staues as they haue without shot of yron and other sayen that they may vse of al manere of armes aswell without forthe as within and not tary tyl they hem self be enuahished for a man must somtyme offende anotheâ— yf he wyl saue hym self and not abyde that he be offeÌ„ded for suche myght be the taryenge that men shuld come to late foâ— to putte remedye therunto another oppynyon is holden that atte the maundement of the pope whiche is souerayn aboue all clerkes they may doo bothe the one and the other And other seyen that the bysshopes other clerkes that iurydsyctyons of landes and of iustyce doo kepe and holde of the princes as of the kynge of Fraunce holden many prelates theâ—r temporaltees are holden for to goo to the werre with theire lorde yf he wyl and by especyall suche prelates as be of the peres of FrauÌ„ce the whiche may well saye to the men of werre that they take folke and putte hem in pryson but not that they shalle slee noone For thenne irreguler they were And by noo manere it apperteyneth hem not for to smite nor fyght with any man but yf men wolde smyte vpon hem For there nys bishop nor prelat but that he may deffende a iuste and gode quarelle for to help the ryght or that hit be for the true deffense of the lande or for the comonwele or for to kepe the fraunches and
good customes of the place or couÌ„trey but yf som other synne letteth hym his sowle is not a greued but a right gret meryte he hathe therby suche may the cas and the quarelle be that he goeth right forthe in to paradyse by and by And it is determyned that he that exposeth his lyffe for to deffende iustyce deyeth well a good dethe as it is for to fyght in a iuste quarelle for his kynge or priÌ„ce for the countrey and for the peple whiche his a merytoryouse dede But the thirde conclusyon is contrary to the same that is to witâ— that yf a man deye in a bataille whiche were ayenst hys conscyence that is to wite that he shuld thynke that the quarelle were not goode and that it were doon but for to vsurpâ— and take the ryght from another that shuld â—are for noone other but that he may robbe and take and gete his wages without faylle yf suche a man hathe noo leyser to haue repentauÌ„ce at hys last endyng we coude not presume that he were in waye of saluacyon Late therfore kepe hem wel that therto putten hem self For bothe the body the sowle they putte in grete pareyll yf they doo gyue hem self for to susteyne a false quarelle And to this ought straunge souldyours to take gode hede But many there be that make noo force of the quarelle soo that they be well payed of they re wages and that they may wel robbe But suche folke doon moche worse are lesse to be excused than be thoo whome it behoueth be it right or wronge vpon peyne of losyng of they re landes to be with they re naturell and souerayne lorde how be it that they oughte with all they re power yf they dide fele that they re lorde had wrong to putte hem self in peyne and in her deuoyre for to lette and dysmoeue the werre thou hast spoken ryght well gode mayster but I praye the telle me yf clerkes or men of holy chyrche oughten or may go goo to a bataylle without that they shal mysprise hemself I telle the that oure doctours maken herof many questyons after the opynyon of som they may goo with deffensable armes and not inuasible that is to wite as to a cas of deffense and not for to enuayshe And other sayen that they ought not to come out of they re place for noo manere a cas but onely is permytted to them the deffense of the cyte fortres or manoyre where they be in vpon the walles or at som wyndowes for to deffende hem self with gode stones with suche staues as they haue without shot of yron and other sayen that they may vse of al manere of armes aswell without forthe as within and not tary tyl they hem self be enuahished for a man must somtyme offende another yf he wyl saue hym self and not abyde that he be offeÌ„ded for suche myght be the taryenge that men shuld come to late for to putte remedye therunto another oppynyon is holden that atte the maundement of the pope whiche is souerayn aboue all clerkes they may doo bothe the one and the other And other seyen that the bysshopes other clerkes that iurydsyctyons of landes and of iustyce doo kepe and holde of the princes as of the kynge of Fraunce holden many prelates theâ—â— temporaltees are holden for to goo to the werre with theire lorde yf he wyl and by especyall suche prelates as be of the peres of FrauÌ„ce the whiche may well saye to the men of werre that they take folke and putte hem in pryson but not that they shalle slee noone For thenâ—e irreguler they were And by noo manere it apperteyneth hem not for to smite nor fyght with any man but yf men wolde smyte vpon hem For there nys bishop nor prelat but that he may deffende hymself Iustely in caas that he were fyrst enuahysshed without that he were irreguler therfore namely yf he slewe som body but for to saie that men of the chyrche shal be armed to fight nor specyalli they to be in a felde this is not of right ¶ Begynneth to speke of the manere of armorye whether euery man may take armes atte hys wylle ¶ Capio· xv Mayster without faylle I see and knowe that more grete is thy wytte in concludyng soyllyng proprely to the trouthe all questyons than myght be the Importunytee of myn ignorauÌ„ce in reformyng of dyuerse argumentes where al ynoughe may suffyse wythout I trauaylle the ony more that whiche thou hast declared to me of the ryght of armes yet a worde yf it please the for to make me wyse of som thynges that al ynoughe doo depende of the precedentes that is to wyte of the ryghtes of armes after the whiche demaundes bycause it shal not thynke to the ouer longe I shal take an ende in concludyng my boke vpon thesame It is that thou telle me of the faytte of the badges armes baners and penoncelles that lordes and gentylmen haue and be acustomed for to were and to doo them to be paynted sette vpon they re garementes whether euery man may take and bere them atte his owne wylle Dere loue of thees armes that by noblesse were fyrst founde by cause that the lorde in a bataylle myght be knowen by his armes and entresygnes I shal ansuere to the thou oughtest theÌ„ne to know that in thees armes as for to saye in general ben there thre dyfferences whether the somme were made ordeyned of olde tyme for thestate of the dygnytees and not for the persones nor for they re lygnage as is the sygne of the Egle the whiche is deputed for the dygnyte Imperyal wherfore who someuere is emperoure ought to bere the same Item another manere of armes there be of office lyke as we saye Capytelers of Tholowse the whiche duryng they re offyces doo bere armes the whiche ben of olde deputed and ordeyned for thesame offyce SeÌ„blably the Consules of Mountpellyer where namely yf eny assemble were there made of armes noone other armes they myght not bere but suche as ben deputed to they re offyce of consulate wythout that they wold be rebuked for and they shulde not be suffred Semblably in dyuerse places ben appropred one manere of armes It the seconde dyfference of armes Is of suche as come purely by sucessyon of lynage vnto kynges dukes marquyses erles anb other lordis lyke as the Flourdelyse for the house of FrauÌ„ce the Lupardes for the house of Englond and of al other kynges and in likewise of other lordes lesser as is the Ermyne for the duk of bretayne the white crosse of siluere for the Erle of Sauoye thus of other lordes be it Dukes marqueses Erles or other of whens that they be of thoos specyally ought noon to take they re armes yet maist thou see that men knowe al weyes the hed of the lordship by cause he bereth the playne armes of thesame with out
noo bargayne made he may make a moche more gretter demaunde of the godys and marchaundyses of the house wythout that ther be som certeyn excuse made by the mayster than he that hathe hyred hym self by bargayne made ¶ And therfore I telle the that a man is not wel aduysed that in hys house taketh eny seruaunt to contynue wyth hym but yf he make couenaunt wyth hym For the lawe presupposeth and taketh a man soo duellynge wyth another as felawe to his mayster aswell of the getynge as of the losse Another questyon I make vnto the I putte caas that som lorde had sent for som souldyours out of a straunge contrey and had reteyned them in hys wages for a hole yere for to comme and socoure hym in hys werre whyche he thoughte shulde laste longe And that it shulde happe thenne that or euere thys folke with they re capytayne myght arryve in to the sayd lordys lande How wel that of al they re powere they had hasted them self he had lost all hys sayd lande in so muche that noo socours atte all myght helpe 〈◊〉 nomore Wherby he had nomore nede of noo folke I aske whether the sayd souldyours so reteyned myght aske they re wages for the hole yere or onely fro that day that the couenaunt was made For it shulde seme ye for thys that an aduocate â—f the Kynge or of som Lorde takynge a pensyon or Fee of hys mayster by the yere and that hathe bygonne to do hys offyce hys wages of the hole yere are due vnto hym For yf he deyed wythin the fyrst monethe of the yere after the Interynacyon of hys offyce hys heyre myght haue an actyon for to demaunde the hole payement of hys wages ¶ Why thenne myght not thees folke enioye thys ryght aswell as they And also it may wel be that they haue lost by meane of the same as good wages of whyche they shulde haue be sure for a hole yere in som other place ¶ And many other reasons myght be yet al playnly sayde whyche I leue for shortynge of the matyere ¶ Fayre loue I aunsuere the shorthy that thees reasons and all other that thou coude saye therto are of noo value ¶ For I make the sure that for content they ought to bolde hem self to be onely payed for the whyche that they haue serued ¶ And here ys the reason They were reteyned for souldyours for to kepe the lande or euere that hit was lost But syth that it is lost they can noo more serue therfore and thus they ought not to deserue the wages of a seruyce whyche they can not doo that is to wyte to kepe a lande whyche is al redy loste And the lawe byndeth noo man to a thynge that is Impossyble For yf by compulsyon they wolde be payed men myght saye vnto them and ye shal be al so compelled to kepe that whyche is al redy loste how can that be doo And by thys concludeth that that is sayde Now good mayster here me a lytel yf thou be so pleased I aske of the yf whan men of werre are taken in to wages and that of they re payement be noo faulte made Whethere it behoueth them wyth they re wages truly payed to take vytailles vpon the countrey and to dyspoylle and take dyuerse other thynges as they comonly doo thys day in the realme of Fraunce I ansuere the certeynly that nay and that suche a thynge is noo poynt of the ryght of werre But it is an evylle extorcyon and a grete vyolence made wrongfully and wyth grete synne vpon the people For thus as thy self haste sayde here to fore that a prynce that wyl make werre ought before hande to aduyse and see where how hys fynaunce shal be made and taken and aboue all thynges he ought to ordeyne so that hys folke be well payed wherby they may truly paye that whyche they take be it vytaylle or other thynges And then it were a Iuste thynge to punysshe wel theym that wythout money shulde take eny thynge what someuere it were But by argumentacyon thou myghtest ageyn saye to me and yf caas were that the ennemyes cam in to the lande sodaynly wherfore it were nede to make a sodayne deffeÌ„se or euere that the prynce might haue purueyed for so grete a fynaunce as muste be had for to paye monethly a grete quantyte of men of werre But yf a tresore be had I ansuere the that in al thynge that is of nede men muste helpe hem self as they can best after they re powere For whan that thys caas were the prynce shulde be ynoughe excused yf he suffred them to take that is to wyte al onely vytaylles necessaryly as they passed forthe for sustenaunce of they re bodyes onely to the lest hurt vpon the poure labourers that myght be doo and not that they shulde doo as the wolues to whom suffyseth 〈◊〉 one shepe whan they entre in to the folde but stranglen and kylle all the hole flok Semblably many of oure men of werre doo the same For there as a henne or a Lambe myght suffyse them they take and kylle x or xij of them And sucâ—e waste of goodes they make euen as they were veray wolues rauyshynge wythout conscyence as thoughe ther were noo god or that they neuer shulde deye Alas wel be thoo vttyrly blynded that thus doo For more in parell of dethe they goo than other folke and lesse than eny other men they take hede therto ¶ What men ought to doo with the proyes that be goten in werre ¶ Capitulo xv Another manere of questyon I wyl to the make I aske of the what men ought for to doo wyth the thynges that be wonnen vpon the ennemyes in bataylle Dere loue to thys questyon byhoueth to be ansuered by dystynctyon of cases For fyrst after the cyuyle lawe is to be vndrestande of what astate and condycyon the persone is that hathe conquested a thynge by faytte of werre And there is a manere to vndrestand in what cases in what werres thees lawes haue place For yf a werre be made by mauÌ„dement or callyng of the kynge or prynce that hath power to ordeyne and sette vp a Iuste werre som lawes be reserued to suche a lorde and not to other folke that is to wyte that all the getynge ought to goo atte the wylle of the priÌ„ce or of the lyeutenaunt or hed capytayne For syth that the men of 〈◊〉 are atte the wages of the kynge or prynce what someuere they take be it prysoners or other proye oughte be to the lorde after the lawes And auncyently it was woned to be thus doon What that of grace in tyme present by longue custome in Fraunce and in other landes is lefte to the men of armes that whyche they conquere and gete yf the thynge that they conquere be not of so grete a poys that it passeth the pryce and Somme of ten thousaunde frankys the whiche thynge be it a prysoner or