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
bokes shulde brīge hym but I presuppose al wayes reserued the clauses aboue sayde For it is all by vertue of the preuyleges that scolers haue in generall scoles as is paris and other ¶ Whether a grete lorde of englande that fortunably were foūde in a forest al one as madde out of hys witte might of ryght be taken and putte to raunson ¶ Capitulo xx Another questyon I make to the swete mayster I suppose that a duke or an erle departeth out of england and cometh in to Fraunce with hys folke for to werre ayenst the kynge there whyche duk or erle happeth by aduenture to wex madde so that al alone as a fole he gothe renninge by wodes and hedges where as he is foūde by Frenshmen of armes he by a iuste qurelle may be wel putte to raunson ¶ Yf it happed that som ambassatours cam towardys the kynge of Fraunce and as they passed by Bordeawx shulde take and hyre there of englyshmen horses and cartes for to carye they re bagage Whether thees thynges so hyred myght be arrested within Fraunce or not ¶ Item whether an englysh preest myght be emprysonned in Fraūce or not Capytulo xxij Maister I wyl putte to the another questyon I suppose the kynge of Scotlande sendeth his ambassatours into Fraunce the whiche comen and take lāde atte Bordewx or atte bayōne in whiche place they hyre horses mules cartes and other thynges that they nede goo to parys with all and happeth by aduenture that they be mett by the waye of a capytayne frenshman the whiche as he is wel informed that the sayde horses mules cartes be longynge to englishe men and not to the sayde ambassatours arrested and taketh them and saith that where thees thinges be of the kynges enemyes they shal abyde as his owne and that by the right of armes he may wythholde them as that he hathe truly conquested and goten Now telle me mayster yf of ryght they ought to abyde hys or not I telle the that of ryght wryton the ambassatours or legates haue a preuylege al about where they goo that they and they re thynges shal be sure and sauffe sith that they goo to the kynge it apperteyneth not to noon of his men to lette nor trouble them who is he that more gretly is preuyleged than abassatoure for yf he were bounde to a marchaunt of Fraunce in a grete some of money He can not compell̄e hym to paye hym hys money for the tyme durynge of hys legacyon ¶ For ryght suffreth not to constrayne the Legate of a prynce or yf I helde thēne a foo mortall of myn within my powere in what manere that euere it were whiche hapli after he were goon fro me shulde kylle me or atte the lest shulde hurt me right sore yf he myght wel I wote that with al his power he shulde force him self so to doo shulde thenne be wisedome or witte within me to late hym goo thus freely from me Fayre loue to thys I ansuere vnto the that this man of whom I speke vnto the supposed that he be thyn enemye in the forsayd cas thou shuldest not awayte for to kepe hym but onely for to haue syluer of hym by waye of raunson and whan the money were payed whiche without reason thou hast receyued how moche more shuldest thou be thenne assured of hym than thou were by fore certes of nothing this seketh nor wol not the ryght of armes that men shall doo wrōge one partye to an other but all noble men ought to kepe in this bihalue the ryght of other that durste aske require to haue hit Soo telle I to the yet that the worste that to thys man myght be doon it is that men shulde make hym to swere that he neuermore shulde arme hym self aienst the kīge of Fraūce in cas that men myght not brynge hym to this that the man of armes or the towne or the countrey that kepeth hym shulde drede lest they shulde be reproued yf they yet suffred hym goo free by cause he were so grete a man that he might yet greue or hurt full sore the royalme the surest waye for them were so to discharge themself withall y◠they shulde yelde hym to the prynce whiche shulde doo of hym that whiche were best to be doon by thaduyse of his good counseyll al waies to th ende that thou wel shall vndrestande that I telle the of the frrenshman to the englishman I mene semblably of the englishman to the Frenshman ¶ Yf it happe that vpon the fronteres of Caleys be taken som olde man englishe bourgeys or other of the said towne that neuere medled with werre wether by ryght of the lawe of armes ought suche a man to paye raunson or not and in lykewyse a lytel chyld or of a blynd man C xxj I putte cas that som frenshe knyght O thou maister be poynted in armes towardis the fronteres of caleis or of Bordewx it happed that a bourgeys sore olde a man of the said bordewx or caleis be by aduenture come out for to here his messe or for som other adoo vpon the frenshe grownde where soone the said knyght taketh hym saithe that he shall be his prysoner but that other ansuereth that it is not right For in the kynge of englandes werres he neuere armed him self nor neuere went ayenst the kynge of Fraūce nor neuer gyrded swerde nor gaff noo counseill but hathe alwayes be sory for the werre whiche al weyes of all̄ his powere hathe discoūseylled that shal be proued for a trouthe with this saithe he I telle you that an olde man as I am that is not shapen to were nor bere armes nor harneis ought not of ryght to be kepte in prison soo ye may not nor ought not to take nother the goodes nor the prysoners of them that entremete not withe the werre but yf it were that they gaffe helpe fauoure to maynten the werre aienst the kynge of fraunce of theire free goode wille for yf by force it were yet shulde they be excused after ryght but of all this neither by force nor for loue I haue doon nothinge all this I wyl preue true soo demaūde I of the maister yf a man may in suche a cas be kepte in prison after the ryght of armes I telle the as aboue that veryly nay in cas that the saide excuse might be suffisaūtly proued but it were soo that he had gyuen or gaffe pertynent coūseill to the werre in what soeuer manere that it were as many an olde man doth that by his coūseill dooth muche more therto than other yong men doo by theire armes Now wel maister another manere awaie I wil spek telle me thēne a frenshmen had taken a litell childe of an englishman might he aske by ryght any raūson for hym for it shulde seme ye seen that he that may wel make the more grete a thinge may wel make
watched And vegece saith that â—spyes must be sent a fore as though they were pylgrymes or laborâ—â—s that bothe day nyght seke about to wite and see yf 〈…〉 be layed oughwhere and yf thees spies comme 〈◊〉 ayen then ought the captayne to take another waye 〈◊〉 may For it is a token that they be taken and suche men 〈◊〉 â—â—â—tourment and peyne doon to them of tymes shewe 〈…〉 they knowe of He shat not be noo prenâ—â—z also in 〈◊〉 his oost when he departeth in fayre ordenaunce â—nd 〈◊〉 that is to wite the best of his men wyth foyson 〈…〉 that syde as he thinkes that more grete perill may 〈◊〉 fall and shal comaunde that the feblest parâ— shal 〈…〉 most part of his ost and shal ordeyne and commyâ—â—◠〈◊〉 other â—ety captaynes that be in the forewarde â—or 〈◊〉 marche forth in fayre ordynaunce that one 〈…〉 to that other and alweyes redy for to 〈…〉 yf it nede be And after shal folowe the 〈…〉 and shal marche paas by paas Ioyned 〈…〉 thycke as awalle wyth they re 〈…〉 fleyng out a brode wyth the 〈…〉 shal 〈◊〉 the â—rryere garde by semblable 〈…〉 saith that the caâ—tiâ— and bagage 〈…〉 forewarde for the more surte of the same or ellis by fore the arriere garde And by cause it happeth som tyme to be sawted on the sydes by somÌ„ embushe that falleth vpon vnbewarre the captayne shal ther fore ordeyne for socours to be redy at eny tyme on euery syde And the boke of armes saith that the captayne ought syngulerly to take gode hede to the manere of goyng of his peple that they make they re paas egall lyke and that they kepe styl gode ordenaunce For an ost vnordynatly renged wherrof that one felawship hasteth to marche and that other withdrawith it his in grete peryll nor noo thyng is mor preiudicyable in a bataille than dysordonaunce or to go out of array and he saith that the Iourney of an ost ought to be of x m paaces in the somer or ellis v owres that may amounte to v myle of waye and yf nede ledeth hem they may go yet as he saith ij M paas and noo more and ought to be wel wyse that by long way nor trauayll his ost falle not to somÌ„ syknes for fawte of reste wherfor he must see to departe at a couenable owre so that they may comÌ„ to lodgyng er the nyght comÌ„ vpon hem And that in the short dayes of the wynter they departe not so late that thrughe raine snowe or froste they must go a grete part of the nyght and he shal see also that his ost be alweyes purueyed as he goeth with wode for to make fyre with all For noothyng so nedefull is in an ost as is the fyre that they vse of noon euyl watres that myght engendre in them somÌ„ pestilence that in suche an assemble syke folke nede not and it is a grete myscheffe whan necessite of bataylle chasseth them that by syknes are as dysconfyt to do more than they can ¶ Here speketh of the passage of ostis ouer flodes and Ryuers ¶ Capio· xvijo· IT falleth somtyme so that an ost must passe ouer grete watres ryues which thyng is grete acombrauÌ„ce and full of parel and the remedyes for to passe them ouer dyscriueth vegece sayng that first men must wysely knowe wher the watre is lest and most low and there in trauers ought to be sett a route of folke wel horsed and another in like wyse vndrenethe and thus shal passe betwix them bothe the grete flote of the oost And saith that they that be vpward shal hold the swiftnes of the watres and they that be donuwardis they may kepe vp them that the watre myght throwe a doun And yf the watre be so grete that this remedy can not serue and that nedes it muste be passed the captayne shal haue his bridgis redy made tofore which shal doo to be borne alwayes with hym in charyotis or cartis of which bridgis som may be made vpon pipes bounden togider and wel teyed with ropys by trauers of the ryuere bordis wel fastued thrupon with pynnes made of wode which brydge may be soone dressed vpon the water as men doo vpon leuys by witte of subtyl maystres and som may be made with stakis fast pight within the watre with ropes that shal retche in trauers from that one stake to that other vpon whiche ropes the cordis shal be sett for folke to go ouer Another manere of bridgis may be founde that is with shippes couered with bordis and wel made fast that one vessel to wat other and this manere of wayes is the surest for a brydge who that can recouer so many vessell is yet men may make a brydge with long peers of tymber and sett hem in trauers of the ryuere with hyrdellis therupon and couered with hors donge and they must be ancred withim theâ— watre that they may be stedfast And by suche manere of wayes they may passe hem self ouer lyghtly â— but dyuerse other remedyes fonde in this byhalue the kyng Cirus of perse when he went for to take the cyte of Babilonne For as he cam to the ryuere of Euffrates he fonde it soo large so deâ—e that hit semyd as Impossible that eny ost of men shuld haue past hit ouer Wherfore by force of men he dyde doo make dyches dalue the erth so that the said flood was parted in iiij C lxvi ryuers And by this meane he and his grete ostis dyde passe ouer And thus there is nothyng but that the witte of man can reche whan wisedom wille be to gider sett therto With this it is recounted by thauncyent historyes that the conquerours in olde tyme were so taught so gode maistres of swymyng that they sette but litell for to haue goon ouer a grete watre and had grete pecis of tymbre made holowe as chestis in which they drew they re harnoys vitailles after hem and other made fagottis or boundellis of drye rede and bounde hem vp and soo passed ouer And yf the bridge must of nede abyde styl for to passe contynuelly repasse ouer it must be fortyffied with dicbes with strong palis that shal be kept of gode men of armes archers at the syde of the enemyes And where this manere of dooyng shuld seme light by heryng say and harde of dooyng to them that haue not lerned the way therof that myght say that of suche thingis it is but a dreme It is no Iape that whan the grete oostis of the romayns duryng the space of xxx yere moo went dyuerse tymes fro rome in Affrike vnto the cite of cartage and yet ferther in other countrees where they must passe grete flodes grete ryuers and like wise thrugh all the landis that they gate subdued they had noo bridgis made of stone nor noo vessellis they fonde for to passe hem ouer wherfore they
be whyle that he lyueth the bettre bothe in honnour and proffyte ¶ Now late vs goo wythout fere and hardyly my dere chyldren frendes and brethern̄ ayenst thees folke commendynge oure self vnto god that he wyl graunte vs the vyctory ouer theym as we all desyre the same ¶ Suche maneres of wordes shal say the hed capytayne vnto his men and that this ought to be doo all the auctoures accorden in one that of thys caas haue spoken and sayen that thees maneres kepte Iulyus Cesar Pompee Scipyon and the other conquerours And wyth thys afferme and holden that the wyse capytayne oughte to be large and not couetouse ¶ For it is to be knowen that the bokes of knyghthode lerne noo couetyse to be had in noo manere of capytayne but onely to see for the pryce and worshyppe that longen to the fayttes of armes And certeynly thys shewed wel the good duc Fabrycyus the whyche for example of hys bountefulnes we soo often Remembre hym in thys boke Whan that the kynge Pyrrus hys enemye that sore muche desyred to drawe hym with hys partye by cause he was soo worthy sent hym a grete quantyte of plate bothe of golde and of syluere For by cause that he vndrestode that he was so poure that he was serued at his owne borde with vessellys of wode and platers made of tree and sent hym worde that to so hyghe a man as he was apparteyned wel ryche seruyce But he reffused them and ansuered that he loned bettre to ete hys mete in treen dysshes wyth worship than in dysshes of gold wyth reproche and shame ¶ Thenne thus it behoueth that the sayd hed capytayne be benygne and gracyouse emonge hys folke For otherwyse he were not worthy to be amytted to that offyce For they say that by the meanes of hys largesse and benygnyte he may the bettre drawe vnto hym the hertes of hys folke to expose and Ieoparde wyth hym bothe body and lyffe than by ony other other thynge ¶ Hys benygnyte ought to gyue hardynes namely to the leste that ben of symple astate that they dare shewe and sygnyfye vnto hym some thynge yf hyt semeth hem good that concerneth the faycte of armes As it may hap somtyme that som of lowe degre may be of good aduys and of good counseyll For why god Imparteth hys gyftes of grace where he wyl ¶ And it is writon that the valyunt conquerours that be past and goon departed largely they re conquestes and proyes to they re men of armes And for them self it suffysed to haue onely the honoure of the bataylles and therfore they dide wyth they re folke what they wolde And that drawynge wordes are good vegece sayth that the good tysynge and the admonestyng of the worthy duc euerraceth in an oost hardynes corage and vertue And therfore in onys face trobleth hys syght full sore And lykewyse doeth the wynde that fylleth them wyth fonde And also the shoot of an arowe borne wyth the help of the wynde a lighteth more sore and bereth a gretter strengthe And also mynussheth and taketh away the force of the shot of the countrary part ¶ And it is here to knowe that by two maneres of wyles ouer cam the Rommayns in bataylle theym of Sycambre that was by enuahysshyng of suche an arte that they re ennemyes had the sonne to fore theym And that other was by soubdayn commynge vpon them so that noo layfer they had to putte hem self in ordynaunce ¶ Here deuiseth shortly the manere after the vse of the time present to renge an ost in a felde for to befyght his enemyes ¶ Capytulo xxiij WHere vegece putteth many maneres of wayes for to renge an oost in bataylle as it shal be sayd herafter the whyche in some maneres may be dyfferentes to the regarde of the ordynaunces of the tyme present The cause perauenture is by cause that the folke comynly in tho dayes faughten more on horsbacke than a fote ¶ And also where noo thynge there nys in the ordres of humayn dedes But that it is by long proces of tyme chaunged and tourned me semyth good to touche shortly somwhat in moost entendyble termes of the comon ordynaunces of the tyme present as ynough it is knowen of them that faytes of armes excersycen ¶ That is to wyte to make hys auauntgarde of a longe trayne of men of armes al clos togyder and renged full smothely that the one passe not that other the best and the moost chosyn in the fyrst fronte and the maresshalles wyth theym by they re baneres and standartes and at the formest sydes are made wynges in whych ben all maneres of shoters renged and in good arraye asswel gonners as balesters and archers ¶ After the fyrst bataylle that men calle the Forwarde commeth the grete bataylle where as all the grete flote and rowte of men of armes is putte al arrenged in a fayre ordre by they re capytaynes that haue among hem they re banneres and sygnes al vp whych are by dyuerse rowes one after a nother full smothly renged and not steppyng out of place For the Connestable doeth a cry to be made that noon vpon peyne of deth shall dysrowme hym self ¶ And som saye that yf eny quantyte of comons be there men oughte to fortyfye wyth suche manere of men the wingys of bothe sydes by fayre rowes wel ordred at the bak syde of the shot the whyche comons shal be taken and com mytted vnto good capytaynes and in lyke wyse they shal be renged byfore the grete bataylle so that yf they wolde flee they myght be kepte in styl by the men of armes that be behynde hem In the myddes of thys grete bataylle is putte the prynce of the oost and the pryncypall bannere borne byfore hym to the whyche is the byholdynge of the bataylle wherfore it is taken to holde hyt vp to one of the best and pryncypall of the sayd oost and a boute hyt ben of the best and mooste approued men of armes aswell for the suretee of the prynce as of thesame ¶ After folowynge thys grete bataylle commeth the thyrde that men calle the ryeregarde the whyche is ordeyned for cōforte And helpe theym that be a fore that semblably are putte in arraye by a fayre ordre And behynde thys bataylle ben fayrely putte the yomen on horsbacke that helpen they re masters yf nede be and holden and maken an obstakell that on the baksyde of the bataylle they be not enuahysshed ¶ Of the whyche thynge yf there be ynoughe of men of armes and that they be in a doubte les that the ennemyes wyl com at that syde thoo that surely wyl fyght and that ben wyse in fayttes of armes maken another bataylle that tourneth the bak towardys the other bataylles a foresayd all redy appareylled for to receyue them that wold comme ¶ And with thees sayd thynges comonly are ordeyned a quantyte of men of armes experte of the crafte and wel mounted
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
the gode retourneth the goode wyththe euylle Mayster now ansuere me to thys demaunde A valyaunt man of armes is taken for to serue all a hole yere soone after it happeth that he hath muche to doo atte hys hous wherfore he wol goo and takynge hys leue he sayth to the captayne that he shall putte another for hym in his rowme for to serue as he shulde hym self and to thys gaynsaith the capytayne sayenge that he had taken hym for cause of hys worthynes good manhÌ„ode and wisedome and that with peyne he shulde fynde one that shulde suffysauntly kepe hys rowme the souldyoure replycketh sayenge that certeyn a doo and besynes is come vpon hym wherby he shulde lese hys lande and hÌ„ys herytage yf he in hys owne persone were not there and that by reason he is more holden to helpe hym self wyth hys owne strengthe and wysedome than eny other wherfore he may not nor can not compelle hym to abyde The capytayne ansuereth that he is bounde vnto hym by othe vpon the hâ—ly euangilles and that a man is not atte hys owne lyberte that byndeth hym self to another Now master determyne thou thys questyon For seeynge the reasons of the sayde man that in hys place he wyl leue for hym a suffysaunt man hyt shulde seme that quyte he myght goo I ansuere the that for to determyne hys questyon grete consyderacyons must be had For it is noo doubte but that of a comyn man of armes shulde suffyse man for man but to saye that yf he were so solempne and so gretly able that wyth peyne myght another kepe hys rowme and that he shulde leue another for hym muche lesse than hym self and not able it were not reason but yf it happed that he dide putte one as gode as he thenne wol not I gaynsey hys departynge For as I haue tolde the byfore a man of armes is not maister of hym self syth that he is bounde to another by othe Therfore I telle the that suche a man shulde not be therof quyte what soeuere a doo that he hadd but that the prynce or hed captayne sholde holde hym for quytte by grace especyall and a gode reason is there For yf he had bounde hym self to paye ten elles of Scarlete and that he shulde paye in stede of that ten elles of cours kendall he ought not to be holde quyte therfore thaughe it be so that alle be clothe ¶ Whether a captayne of men of werre may chaunge and take other atte hys wylle after that they be ones reteyned ¶ Capytulo ix MAyster another questyon I make dependynge ynowh of that other aforsayde I suppose that a capytayne of whens someuere he be is reteyned in to wages for a hole yere with an hondre men that he hathe brought with him wiche 〈◊〉 made all theyr mustres and are writon It happeth 〈◊〉 monethe after he wol chaunge hys folke all or a parte therof putte other in they re places I aske of the yf after ryght he may thus doo it shulde seme ye For it ought to suffyse yf he haue a C men of armes couenable as he hathe promysed and wyth thys yf he myght not doo soo and that he had noon auctoryte therof hyt were to hys grete preiudyce For yf emonge hys nombre he sawe som euyl men and of peruerse condycyons as theues or kepynge euyll rule to the grete hurte of the other that be gode wherby he might be blamed were it not thenne bettre that they were chauÌ„ged than lefte styll in they re rowme to this I ansuere the that right is so Iuste a thynge so reasonable that hyt wol be vndrestand of euery one without wronge to be doon and therfore I telle the that the pety captayne whiche is vndre the captayne pryncypall may not godely doo this wythout the licence of his greter for yf it were soo hyt shulde lye in hym to make many extorcyons to the smalle felawes yf hyt shulde please hym that is to wite to take other for som fauoure or for coueytyse to take fro them a part of they re wages or by what soeuer wyle and to putte out thoo the bettre were soo ought he to be aduysed afore haÌ„de to take suche felawes wyth hym that it be noo nede to chaunge them And yf they muste be chaunged by som aduersyte that is in them it is hys dysworshyp whan suche he hath chosen yf it happeth all endes that there muste be chaunge made and putte another he without faylle ought not to do so with out the loue of the souerayne of the oste and that it be yet by a grete consyderacyon And yf it happeth that by hymself and of hys owne auctoryte he dâ—eth it It is noo doubte but that he that so is putte out of wages may complayne hym to the hed captayne specyally yf be a man good and able and ought to haue ryght therof And to retourne to the propos of the captaynes that be couetouse that many decepcyons and barates may doo to the smalle felawes there ben ynoughe the whyche receyue the hole payement that they kepe in they re owne handes and it suffyseth them to content and pease they re men with a lytyl thynge And paraduenture suche felawes dare not complayne by cause they re couenaunt and bargayne was so made with them for to be taken in to wages wherunto by suche meanes they be reteyned anoone whyche is a grete synne to al capytaynes that so doo For they be constrayned therfore to doo many euylles more than they shulde doo yf they were wel payed Soo shulde the hed capytayne take goode hede to suche thynges For atte lest may not the poure souldyours beynge a fote or on horsbacke men of shot or other but to haue that poure payement and salarye that they wynne puttynge hem self in parell of they re lyues and to so grete a traueyll of they re bodyes â— Soo doeth he grete synne that taketh fro them or minusheâ—h they re wages of eny thiÌ„ge also the ancyeÌ„t wolde neuer haue suffred this but they were more contentthat the getyng shulde tourne rather to the souldyours than to they re owne prouffyt For the auaylle they wolde that they had but the honour dyde suffyse them to be reserued for them self ¶ Here sheweth yf a lorde sente a man of armes for the garnyson of som fortresse of hys owne without that eny wages be promysed hym and it happeth that he is dystressed and robbed by the waye to whiche of bothe he may aske his interesses and damages or of the lorde that sent hym or of hym that so hathe dyspoylled hym ¶ Capitulo x ANother demaunde I make vnto the I suppose that a lorde hathe werre wyth another lorde so sendeth he a knight to som fortres of his owne for to kepe it without that eny couenaunt of wages he make to hym It happeth to thys knyght by the waye that hys goodes hys horses and his harneyse
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
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
or ought to be maketh them vnable to were armes nor what someuer harneis of temporall bataille belongen to them in nothyng for noon office apparteineth to them but for to absoyle the sinnes to bringe ayen in to the right waie they that walke here wroÌ„g to administre the sacremeÌ„tes nor namely for to deffeÌ„de them self behoueth hem not after the decree but swete wordes benygnite Soo were it thenne wel a harde thynge that they shulde bere penauÌ„ce of that that they ought to be Innocent of yf thou wold saye to me Ye but they helpe the kynge of england of they re reuenues rentes for to maynten the werre or namely of they re counseyll I ansuere the that they ought not to doo soo nor they be not holden therunto For it apparteyneth not to noo man of the chyrche to gyue noo counseyll that concerneth the werre but it is they re offyce for to sette alwayes peas amonge crysten peple And yf it happed that they re kynge toke of they re goodes by force for to goo to hys werres I saye that they can not doo therto And that they ought not therfore to paye noo raunson nother to be taken nor kepte as enemyes of nother partye But other wyse it is yf it hap that som chapellayn or other of the chirche goo to werre or that ingereth or putteth hym self forthe by eny manere of waye therto yf he were taken suche a man wythout faulte ought not to be spared but that al rygoure of rudnesse be doon to hym were he a prelat or other as to the fayt of the payement of raunson And shulde saye that suche a man were had to the pope that wel shulde punysshe hym but other wyse to put in pryson men of the chyrche it is to dyscouenable a thyng and out of all ryght ¶ Whether a prysonner of werre may departe hens after he is shet vp and not mysdoo anempst hys maister Capytulo xxiij NOw wil I make the another demauÌ„de that of the precedent as of a prysonner of werre alynoughe dependeth I putte caas that a knyght hath taken in werre his ennemye and hath putte hym in a castel or in to som other pryson I aske the yf the prysoner seeth tyme and place for to escape awaye by cawtelle or subtylte Whether he may do thys lawfully after the ryght of werre for I make doubte that he may for many raysons fyrst bicause he hathe taken hym his feyth soo may not he goo awaye without he must be forsworne whyche ys a thyng that the lawe can not grauÌ„te that a man shall forswere hym self the other is that right wil not that men shal not doo to other otherwyse than they wold be doon vnto and thys man wolde not that hys prysonner yf he had eny shulde paye hym soo and thus dooyng he dooth trespas ayenst thys Lawe that other is that he is lyke his seruaunt and in hys mercy vnto tyme that he haue acquytted hym self of hys raunson Thenne thus he mysdoeth as me semeth in as moche that he taketh hym self from hym as hys owne pure and propre gode whiche can not be doo with out mespryse Nowe fayre loue to thys I shal ansuere the for that other partye and moche is here to see to For herof behoueth to be determyned after the cyrcomstances I telle the that men may saye for that other that he had in thys no thynge trespassed For he hathe doon after the lawe of nature whyche gyueth to al manere of personne a ryght to be in lybeâ—tee ¶ Item whan he gaaf hys feyth it was by force and by compulsyon doon And the lawe compelled not to kepe a promesse made of force and other reasons myght be sayde But as to the ryght of armes whyche is permytted by all lawe al that maketh but lytel For to the ryght for to goo I telle the that whan a man is taken and gyueth his feith to kepe pryson wythout faylle he can not departe awaie but he wyl trespasse bothe ayenst god and the worlde wyth out he take leue of hys mayster ye som caas reserued that must be well vnderstande That is to wyte that the sayde mayster doo not to hym noon other evyl nor hurt than to put hym in a couenable prysoÌ„ as ryght hath lymyted wil ¶ But I accorde wyth the wel yf he were kept soo straytly and soo euyll delt wyth all that hys lyff or helthe were putte in Ieopardye therby and that Inhumayne or cruelle a thyng it were I afferme vnto the that yf he can fynde meanes for to escape awaye that a ryght grete wyt it were nor for noo trespas it ought not to be taken or ellys also yf the master were vntreatable and that wolde not take noo reasonable raunson after the powere of hys prysonner and had proffered hyt vnto hym dyuerse tymes ¶ Item also and yf the mayster were soo cruell that he were wont to doo deye or tormente or make hys prysonners to langwysshe in pryson or suche other crueltees that doon ayenst the lawe of gentylnesse he that suche a man holdeth is not bounde to kepe hym promesse nor feyth yf by eny waye he may escape For suche a feyth to gyue is to be vndrestande that lyke as the mayster is lorde of the prysonner by ryght of armes he in lyke wyse ought to entreate and kepe hym goodly and humaynly as the sayd ryght requyreth And not to kepe hym as a beste or worse than a Iewe or sarrasin the whiche namely behouen not to be dealed with all so sharply that men gyue them cause for to dyspeyre hem self And therfore I telle the that he that furst breketh to other and doo trespasse the ryght deserueth also that in lyke wyse be doo to hym Ye mayster but yf it happed that som gentylman toke another in goode werre â— And notwystandynge that the prysonner haue swâ—rne to the mayster for to kepe pryson the sayd mayster kepe hym in a stronge toure fast shet vp I aske the yf suche a prysonner may goo hys waye yf he can and not be in noo fawte therfore ¶ For som myght thynke ye seynge that the mayster trusteth hym not of hys othe that he hathe taken of hym And sythe that he trusteth not in hys prysonners feyth thenne can the prysonner breke noo feythe for he contenteth him not wyth the fyrst bonde But taketh hym another more stronge to whyche he trusteth mooste Therfore breketh not as it semeth the prysoner hys feyth syth hys mayster reputeth and taketh hyt as for noone I telle the yet ayen that after thys that the ryght hathe dystyncted of that that concernen the thynges of armes yf the gentylman that hys prisoner is sworne to holde and kepe hys feyth to hys master whÌ„yche in lyke wyse after hys promysse gyueth hym mete drynke suffysauntly and lodgyse not ouere strayte and is wyllyng to treatte wyth hym for a reysonable raunson and that wolde
not he myght be appayred of hys helthe for cause of the pryson that hys masters gyueth hym yf suche a prisoner escape out and goo his waye thoughe hys mayster kepe hym in a sure holde that he breketh hys othe and doeth ayenst the ryght of werre and hys dyshonoure For yf he be a gentylman he ought to doo as it apparteyneth that is to wyte to holde hys othe to hys master whyche sholde haue kylled hym whan he toke hym yf he had wolde And supposid that he kept hym fast shet vp he doeth to hym noo wronge For he dyde promyse hys master to kepe pryson wel and truly and not breke hyt soo can not excuse hym self suche a fugytyf but that he hath doon euyll For syth he dyde putte him self in pareyll of bataylle that is to wyte to be other ded or taken he ought to haue bethoughte in hym self that pryson was not a place of dysporte nor of feste Soo ought he thenne sythe that he is fallen in to parell to bere swetly and pacyently the penaunce in hope to come out atte last to the best ¶ Whether a gentylman prysoner of good werre ought rather deye than to be false of hys othe Capytulo xxiiij I suppose master that a knyght or a man of armes be wythyn the lordys pryson or of som other of the towne but so grete a rygoure is made to hym that men telle afferme to hym for certeyne that yf he wythin certeyn espace of tyme haue not doon his raunson he shal be slayne wherfore he requyreth for goddis loue and for pyte that men wil late him goo in to his couÌ„trey for to gete his rauÌ„son that without any fawte he wil come ayen within a certeyn day And shortly to saye men gyue hym leue to goo vpon hys othe made and taken of hym vpon the holy gospell of oure lorde by whyche he swereth that for to deye he shall not leue but that he shall come ayen within the day that he hathe promysed and so it happeth that it is Impossyble to hym for to gete hys raunson now is to be knowen whether he ought to tourne ageyne for to presente hym self to the dethe whyche is promysed to him for namely it is wryton in the romayn histories that the noble romayns conquerours dyde som tyme soo that rather wolde expose hem self to the dethe than to breke the othe of pryson yf they that were paynemys of euyl byleue that swered wolde leuer deie than for to forswere them It is theÌ„ne to byleue that bettre ought the crysten men to kepe theire othes made vpon the holy gospel of almighty god than they fayre loue thou saist wel yet many moo raisons to thy propos thou myght saie but to the trouthe of the dede ben ouer many that myght excuse man in suche a cas what that som doctoures wil holde that a man shulde rather be willing for to deye than for to forswere the name of god the whiche thus is true in som cas but as to the same whiche is parforced vyolently made for to saue his owne lyfe â— it is not determyned that it were the best wat he is holden therto I shall say the reasons I telle the that after the ryght wryten an othe that ayenst wele and vtylyte and namely ayenst good condycyons made is not to be kept And what that it is evyll to forsuere hym self It is yet worse to kepe suche an othe ¶ Soo ought to be chosen of thees two euyll the best lyke as a man shal be sworne vpon the gospel or vpon the holy body of oure lorde that he shal slee a man or ellis shal do som other gret euyll it is noo dowte but that moche more werse he shulde doo for to slee a man or to sette a house on a fyire or som other grete euyll than he shulde doo in suche a cas for to forswere himself what though he dede dedly sinne at the fyrst whan he dede swere for thinges that be vnraisonable he ought not to be sworne now it is so that noon ought to thiÌ„ke the contrary that noo man after the lawe is not master of his body for to putte hit to be slayne or his limes to be cut asondre nomore than of an another body for yf he slewe himself the iustice wil punyshe the body att a gybet shal hange hit shamefully also yf he dede cut hys lymes he shulde also be punished by the iustice as another had doon hit wherfore I telle that yet ayen that it is not in him for to binde himself by suche manere of wise nor the othe bindeth him not for it is of noo value more I telle the It is of right writon that yf a man may kepe another from deth he doth it not we saye that he hathe killed him he theÌ„ne trespasseth not yf he doo kepe for hym self that right whiche he ought to kepe for another that is to wit to eschewe his dethe this is as for to excuse the extremytee of the thiÌ„ge to supplie that whiche he coude not amende touching the payemeÌ„t of his rauÌ„son But for al this I telle the not but that he is holden to make his raunson assoone as he may and to putte hym self in peyne and deuoyre for to acquytte hym self ¶ Here finisheth the iij partie of this boke consequeÌ„tly foloweth the table of the rubrices of the iiij last partie of the same IN the fyrst chapitre asketh Cristyne to the maister yf a lorde sendeth a saufconduyt to another his enemye be it a baron or a knyght or what someuer he be and that the saufconduyt conteyneth onely of sauf comyng Whether after ryght he may arreste hym by suche a cawtele at hys gooyng hom agayne ¶ Capio· j ¶ Item demaundeth yf a knyght or som other gentylman had a saufconduyt for himself ix moo with hym whether he myght vndre shadowe of the sayd noÌ„bre bringe with him som grete lorde for one of the ix in to the couÌ„trey of his enemyes ¶ Capio· â—◠¶ Item saide crystyne to the maister that she gyueth herself grete merueylle seeyng the lytel feyth that renneth in the worlde how men dare trust vpon thees saufconduyttee 〈◊〉 thenne asketh yf it happe that som kynge or prynce 〈◊〉 gyueth a saufconduyt to a sarrasyn Whether the other 〈◊〉 ten men where he muste passe by ought to kepe vnto 〈◊〉 strengthe of his saufconduyt ¶ 〈…〉 ¶ Item where as trewes be taken betwene two 〈◊〉 demauÌ„deth crystine yf that one partye by som manere 〈◊〉 may take eny towne fortresse or place ayenst that 〈◊〉 and yf that one partye breketh the trewes whether 〈…〉 partye is holden to kepe hem or not ¶ 〈…〉 ¶ Item begynneth to speke of a manere of werre 〈◊〉 cleped marke asketh yf suche a manere be iuste or 〈◊〉 ¶ It of the manere that a kynge ought to kepe or that 〈◊〉 any marke
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
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
sett by and for to haue bettre astate had taken the said armes It is noo doubte that yf suche a thynge cam to knowlege and that the kynrede shuld reclame of wrong doon to them he were or â—ught to be by ryght punyshed therfore likewyse as he that shuld coÌ„trefet the signe of a tabellyon or notarye or as a marchaunt that shulde countrefete the marke of another marchauÌ„t lykwise of suche other thinges for yf suche athynge were suffred infynyt barates and deceytes myght be doo vndre coloure of thesame ¶ Deuyseth here of the armes and penoncelles and of the armoâ—rie ¶ Capitulo xvij By cause that we be entred in this matyere that thou hast remembred me of the baners and armes of the grete lordes I shall telle the of thoo colours that men reputen and taken for the most highe moost ryche and most noble For amonge hem is a difference of noblesse for cause of the representacyon that either of hem doon after his nature Soo holde the maisters of the lawe of armes that the coloure of gold is the moost ryche And the rayson is bicause that the gold of his nature is veray clere resplendishyng vertuouse and comfortyng soo that the master of phisique doo gyue hit for a soueryne recomfort to a man debylyted nyghe dede and with this the golde representeth the sonne whiche is a right noble lumynarye And the law saith that there is nothiÌ„ge more noble than is clarete light for this excellence saith the scripture that the iuste holy persone is like the gold the sonne by cause that the golde of hys propriete is likned to the sonne the auÌ„cient lawes dyde ordeyne that noman shulde bere gold but that he were a prynce Soo is theÌ„ne the coloure of gold moost noble It the secoÌ„d coloure is purpre that we calle red whiche representeth the fire soo is the fire moost shynyng in his naturell cours after the sonne the moost noble of all iiij elementê for the whyche noblenes seÌ„blably dide ordeyne the lawes that noone shuld were red that betokneth hyghnesse but onely the prynces It the in noble colour is azure whiche by his figure representeth the ayer the whiche after the fire is the moost noble of other elementê for hit is in his cours penetring subtyl able to receyue the lumynose influences It the iiij coboure is white that men calle in armoyrye siluer the whiche coloure of white is the mooste noble of all them that folowe after for hit is more next to the shynyng cours with this hit signifyeth innocencie clenlines the scripture sath that the vestementê of IhÌ„u Crist dide seme to his apostles white as snowe this coloure of white reprepresenteth the watre whiche after the ayer is most noble It that other colour is blak that men calle in armoyrie sable that representeth the other betokneth sorowe for it is ferder from the lyght more than eny of the other be therfore was fouÌ„de that in token of sorowe blak raymentê shuld apperteyne to the sorowfull heuy so is hit the moost lowe moost huÌ„ble colour that is therfore it was ordeyned the religiouse shuld reueste clothe hemself of thesame It that other coloure of armoyrie is grene that men calse sinople or verte whiche betokneth wodes feldes medowes and because it is not represented to noon of the foure elementê it shuld be taken for the lasse noble of thees seuen colours are dyfferenced all manere of armes penoncelles and baners by dyuerse deuyses taken by haultnesse fro the tyme ryght auncyent ¶ Explicit ¶ Thus endeth this boke whiche xpÌ„yne of pyse made drewe out of the boke named vegecius de re militari out of tharbre of bataylles wyth many other thynges sett in to the same requisite to werre batailles whiche boke â—eyng in fâ—eÌ„she was delyuered to me willm Caxton by the most crysten kynge redoubted prynce my naturel souerayn lord kyng henry the vij kyng of englond of frauÌ„ce in his palaâ—s of westmestre the xxiij day of Ianyuere the iiij yere of his regne desired wylled me to translate this said boke reduce it in to our english natural tonge to put it in enprynte to th ende that euery gentylman born to armes all manere men of werre captayns souldiours vytayllers all other shold haue knowlege how they ought to behaue theym in the fayttes of warre of bataylles and so delyuered me the said book theÌ„ne my lord therle of Oxenford awayâ—iÌ„g on his said grace whiche volume conteynyng four bokes I receyued of his said grace accordiÌ„g to his desire whiche to me I repute a comandemeÌ„t verili glad to obeye after the lityl coÌ„nyng that god hath lente me I haue endeuoyrd me to the vtterest of my power to fulfylle accoÌ„plisshe his desire comaundement as wel to reduce it in to englyshe as to put it in enpriÌ„te to th ende that it may come to the sight knowlege of euery gentylman man of warre for certayn in myn oppinyon it is as necessary a boke as requysite as ony may be for euery estate hye lowe that entende to the fayttes of werre whether it be in bataylles sieges reâ—cowse all other fayttes subtyltees remedyes for meschieues Whiche translacyon was finysshed the viij day of Iuyll the sayd yere enprynted the xiiij day of Iuyll next folowyng ful fynyshyd theÌ„ne syth I haue obeyed his most dredeful comauÌ„dement I huÌ„bly bysecle his most exellent bounteuous hyeues to pardone me of this symple rude translacion where in be no curyous ne gaye termes of rethoryk but I hope to almighti god that it shal be entendyble vnderstanden to euery man also that it shal not moche varye in seÌ„tence fro the copye receyued of my said souerayn lord And where as I haue erryd or made defaulte I beseche them that fynde suche to correcte it so dooyng I shal praye for them yf ther be ony thiÌ„g ther in to his pleasir I am glad thinke my labour wel enployed for to haue the name to be one of the litel seruantes to the hiest most cristen kyng prince of the world whom I by seche almyghty god to preserue kepe contynue in his noble most redoubted enterpryses as wel in bretayn flauÌ„dres other placis that he may haue victorie honour renoÌ„mee to his perpetual glorye For I haue not herd ne redde that ony prynce hath subdued his subgettis with lasse hurte â— and also holpen his neighbours frendis out of this londe In whyche hye enterprises I byseche almyghty god that he may remayne alleway vyctoryous And dayly encreace fro vertu to vertue fro better to better to his laude honour in this present lyf that after thys short transitorye lyf he may atteyne to euerlastyng lyf in heuen Whiche god gaunte to hym and to alle his lyege peple AMEN Per Caxton