HEre begynneth the table of the rubryshys of the boke of the fayt of armes and of Chyualrye whiche sayd boke is departyd in to foure partyes /
- ¶The fyrst partye deuyseth the manere that kynges and prynces oughten to holde in the fayttes of theyr werres and bataylles after thordre of bokes / dictes / and examples of the most preu & noble conquerours of the world / And how & what maner fayttes ought best to be chosen & the maners that they ought to kepe and holde in theyr offices of armes
- ¶Item the second partye speketh after Frontyn of cawteles & subtyltees of armes whiche he calleth stratagemes of thordre & manere to fyghte & deffende castellis & cytees after vegece and other auctours / And to make warre & gyue bataylle in ryuers and in the See /
- ¶Item the thyrde parte speketh of the droytes & ryghtes of armes after the lawes & droyt wreton
- ¶Item the / iiij / partye speketh of the dwytes of armes in the faytes of sauf [...]onduytes / of tryews / of marke / & after of champ of bataylle / that is of fyghtyng within lystes
- ¶The fyrst chapitre is the prologue / in whiche Crystyne excuseth her / to haue dar enterpryse to speke of so hye matere as is conteyned in thys sayd book / Capitulo / prio·
- ¶Item how warres and bataylles emprysed by iuste and trewe quarell and ladde by theyr ryght & dwit / is a thyng of iustyce and suffred of god / Capitulo / ij
- ¶Item how it is not leefful / but only to kynges / and to souerayn prynces to empryse of theyr singuler auctoryte werres and bataylles / Capitulo / iij
- [Page]¶Item what ben the moeuynges wherof comune [...]y [...]o [...] den warres and bataylles Capio ▪ / iiij
- ¶Item the consyderacyons & regardes that the kyng or souerayn prynce ought to haue in entreprysyng warre / And the maners that they ought to holde byfore that they delibere and conclude / Capitulo / v
- ¶Item it is not expedyēt that the kynge or souerayn pryn [...]ce ought to goo in hys propre persone to the bataylle for the perillis of the aduerse fortune Capitulo / vj
- ¶Item what Conestable ought to be chosen for to be may [...]stre of the chyualrie of the kyng or souerayn prynce / and of the condycyons that he ought to haue Capio· / vij
- ¶Item some auctours alledge to purpos of thexcercy [...] of armes / whyche therof haue spoken / and the maners whyche the valyaunt conquerours helden Capio· viij
- ¶It the maners that thaūcyent knyghtes helden to teche & enseigne theyr childreen in the doctryne of armes / Cao· / ix
- ¶Item yet he speketh of thesame / and the thynges of armes in whiche he enseygneth & techeth the chyldren of the comyn peple / Capio· / x
- ¶Item of the propretees that men of armes ought to haue & in whiche they ought to be enformed / Capio· / xj
- ¶Item of the maners that belongen to a good Conestable or captayne to holde in his offyce / Capio· / xij
- ¶Item of the manere that belongeth to a Capytayne to holde in the fayte to lodge his hoost after the bokes of armes / Capo· / xiij
- ¶Item of thesame / Capitulo / xiiij
- ¶Item here deuyseth yf it be nede that the capytayne ought to haue / to take hede vpon his hoost / Capio· / xvo·
- ¶Item the manere that the captayne ought to holde in [Page] dyslodgyng fro one place to another & by the wayes where he ledeth hys hoost Capio· xvj
- ¶Item he speketh for to make an hoost to passe ouer flodes and ryuers Capio· / xvij
- ¶Item deuyseth the maners that behouen to the capytayn of an hoost to holde in the tyme whan he supposeth to haue haftely bataylle Capio· / xviijo·
- ¶Item the maners that a captayn ought to holde yf it happen that he wyll departe fro the felde wythout tabyde and gyue bataylle Capio· / xix
- ¶Item it deuyseth how yf the captayne of thoost falleth in to treattye of peas or of trews wyth hys enemyes ought to kepe hym fro the peryllis< Capo· [...] xxo·
- ¶Item the maners that the captayn of thoost ought to kepe the day that he hopeth to haue the batayll Cxxj
- ¶Item deuyseth after vegece the manere to take thauaū tage of the felde Capo· xxij
- ¶It deuiseth▪ in short the manere after the vsage of the time present to arrenge the hoost in the felde for to fight Cxxiij
- ¶Item he sayth yet after vegece and thaūcyents thordre for to arrenge bataylles Capio· xxiiij
- ¶Item deuyseth after vegece seuen maners of arrengyng an hoost and to fyghte Capio· xxv
- ¶Item of the same Capio· xxvj
- ¶It the ordre & manere that the captayne ought to holde whan gode fortune is for him in the bataill capo· xxvij
- ¶Item the ordre & manere that the captain ought to helde whan the fortune of the batayll is ayenst hym capo· xxviij
- ¶Item a recapitulacyon shortly of some thyngis of the ordres aboue sayd capio· / xxix [...]
Here begynneth the book of fayttes of armes & of Chyualrye / And the first chapytre is the prologue / in wh̄iche xprystyne of pyse excuseth hir self to haue dar enterpryse to speke of so hye matere as is conteyned in this sayd book ¶ Capitulum primum
By cause that hardynes is so moche necessarye to entrepryse hye thynges / whiche without that shold neu (er) be enpryses That same is couenable to me at this present werke to put it forth without other thyng / Seen the lytylhed of my persone / whiche I knowe not digne ne worthy to treate of so hye matere / ne durst not only thynke what blame hardynes causeth whan she is folyssh / I thēne nothyng moeued by arrogaūce in folyssh presūpcion / but admonested of veray affeccion & good desyre of noble men in thoffyce of armes am exorted after myne other escriptures passed / lyke as he that hath to forn beten doun many strōge edyfices / is more [...]ardy to charge hym self defye or to bete doun a castell or for [...]esse whan he feleth hym self garnysshed of couenable stuffe therto necessarye / Thenne to entrepryse to speke in this presēt book of the right honorable offyce of armes & of Chyualrye as wel in thynges whiche thrto ben conuenyent / as in droyces whyche therto be appertenaunt / lyke as the lawes & dyuerse auctours declaren it / to the purpoos / I haue assēbled the maters & gadred in dyuerse bokes for to produce myne ē [...]enciō in this present volume / But as it apperteyneth this matere to be more executed by fayt of dyligēce & witte than by subtyltees of wordes polisshed / and also considered that they that ben excersyng & experte in tharte of chyualrye be not comunely clerkys ne instructe in science of langage / I entende not to treate / but to the most playn and entendible langage that [Page] I shal mowe / to that ende that the doctryne gyuen by many auctors / whiche by the helpe of god I purpose to declare in this present boke / may be to alle men clere & entendible / And by cause that this is thyng not accustomed & out of vsage to wymen / whiche comynly do not entremete but to spynne on the distaf & ocupie theim in thynges of houshold / I supplye humbly to the said right hie offyce and noble state of chyualrye / that in contemplacion of theyr lady mynerue born of the contre of grece / whome the aūcyents for hir grete connyng reputeden a goddesse the whiche fōde lyke as olde wrytyngis sayē / and as I haue other tymes sayd / And also the poete boece recyteth in his boke of clere & noble wīmen / and semblably recyten many other / the arte & manere to make harnoys of yron & steel / whiche wyl not haue netake it for none euyl / yf I a woman charge my self to treate of so lyke a matere / but wyl ensewe thēseignemēt & techyng of seneke whiche saith / retche the not what they saye / soo that the wordes be good / And therfore & to purpos in manere poetyke / it plaiseth me tadresse suche a prayer to the foresayd lady / O mynerue goddesse of armes & of chyualrye / whiche by vertue of hye entēdemēt / aboue alle other wymē fōdest & institutest emōge thother noble artes & sciēces whiche of the toke their begynnyng thusage to forge of yrō & steel / armours & harnois ꝓpice & couenable to couure & targe the body of man agaynst the strokes of dartes / noyous shotte & speres in bataylle fayttes of armes / helmes / sheldes / targes / & other harnoys defēsable fro the first comen / institutest & gauest manere & ordre to arēge batailles / & tassaille & fight in manere / Adoured lady & hie goddesse be thou not displeased that I symple & lytyl womā lyke as nothyng vnto the gretenes of thy renōmee in cūnyng / dare presently compryse to speke of so magnyfike [Page] an offyce as is thoffice of armes / Of whiche fyrst ī the said renomed contree of grece thou gauest thusage / And in so moche it may plaise the to be to me fauorable / that I may be somwhat consonaūt in the nacyō where thou was born whiche as thēne was named the grete grece / the contree beyōde y• alpes or mōtaygnes / whiche now is sayd puylle & calabre in ytalye where yu were born / & I am as yu were / a womā ytalien
¶Here sheweth how warres & batailles emprised by Iuste quarelle / moened in their right & droit / is thyng of Iustice & suffred of god ¶Capitulo ijo·
Chaton the vayllaūt cōbataūt or fyghtar / by whos force and strēgthe of armes / the romayns had many fayr vyctoryes / & whiche neuer in bataill was dyscōfyted sayth that it ought more to haue proffyted to the comyn wele the wrytyng of rules / techyngs and dyscyplyne of armes whiche he had cōposed & made in a boke / than in ony thynge that he euer had doō wyth his body / for he saith alle that euer that a man may doo / endureth not but one age / But that whiche is wreton endureth to the comyn prouffit eu (er)more / by which Innumerable men may the more auaylle / so is it thenne by this reason proued / that it is not a thynge of lytyl prouffyt for to wryte & make bookes / But to thende that this presēt whrke by som̄ enuyous myght be reproched sayeng that it is but ydlenes & losse of tyme as to treate of thynges not lawfull / first it is to wyte yf warres & bataylles / chyualrye & faytes of armes of whiche thynge we hope to speke / it is or not / o thynge iuste / for as in excersysing of armes ben doon many grete euyllis / extorcyons / & grieues / lyke as occisiōs rauayne by forces / to brēne by fyre & infenyte harmes may seme to som̄e that warres & bataylles shold be acursed thyng & not due / And therfore to ansuere to this questiō / it is to [Page] wete / that it appiereth manyfestly that warres ēprysed by iuste cause be permysed & suffred of god / lyke as we haue founden in ye holy scrypture in many places / how our lord him self ordeyned to captaynes of hostes that whiche they shold doo ayenst theyr enemyes / lyke as it is wreton of one that was called Ih̄us / to whom he saide that he shold ordeyne him to bataylle ayenst his enemyes / & made an enbusshe for the better to vaynquisshe theym / And of other ynowe semblably is recyted / And also the holy escripture saith of god that he is fiers & gouernour of hoostis & bataylles / And warre & bataill whiche is made by iuste quarell is none other thing but right execucōn of iustyce / for to gyue the right / there as it apperteyneth / and to this accordeth the lawe deuyne / & sē blably the lawes ordeyned of men for to represse the arrogaunts & malefactours / & as touchyng the harmes & euyllis that ben doon aboue the right & droyt of warre / lyke as other auctours sayen / that cometh nothyng of the right of warre but by euylnes of the peple yt vsen it euyl lyke as I hope by the aide of god to touche here after where as it shal falle where as I shal speke of thynges lymyted after the lawes and droit canon in the excersyte of armes
¶Here it deuyseth how it is not leefful but to kynges & souerayn prynces to empryse warre or bataylles of their sīguler auctorite / agaynst ony what someuer they be / ¶Cao· iij
Now haue we in this first chapytre touched shortly how warres & batailles by good right ēprysed is a thyng iuste / thēne is it to be take hede syth they be of right / it apperteyneth to euery man to doo iuste & rightful werke / yf it be leeful to ony persone to empryse warre for to kepe his right thēne it shold seme by this reson that without to mesprise euery man may so doo it / But for to declare the trouthe to / [Page] theym that in this poynt myght erre / it is to wyte that wythoute to make ony doubte / after the determynacōn of right & of the lawes / it apperteyneth to none to ēpryse warre or bataylle for ony maner cause / but yf it be to prynces souerayn lyke as emperous kynges / dukes / & other lordes terryens whiche ben merely pincypall heedes of Iuredictions temporall ne to a baron what someuer he be ne to ony other be he neuer so grete withoute lycēce / cōgie & volente of hys souerayn lord and that this lawe is of right / manyfeste reason sheweth it ynowh / for yf it shold be other wyse / werof thēne shold serue prynces souerayne / whiche for none other thyng were establysshed but for to doo right to euerych of their subgettis that shold be oppressid for ony extorciō & for to deffēde & kepe them lyke as the good sheppard exposeth his lyf for his sheep & therfor oweth the subgette to resorte to the lorde as to his refuge / whan ony grief is doon to hym & the good lord shal take his armes for hym yf it be nede / that is to saye he shal helpe with his power to kepe his good right / be it by waye of Iustyce or by execucyon of Armes
¶Here is deuysed what ben the mouemens wherrof fyrst sourden warres and bataylles ¶Capitulo iiijo·
Thēne apperteyneth it onely vnto souerayn prynces tē treprise warres & bataylles / now is it for be taken hede for what causes after the lawe ought to be ēprised or mayntened warres & in this wel aduysed / me semeth that comynly fyue pryncypal moeuyngis ther be vpon whiche they be founded of whome the thre ben of the lawe & droyt & the other of wyll / The first of the lawe wherfor ought to be enprysed or mayntened warre is for to susteyne right & iustice Te seconde for to withstoude the euyl that wold defowle grieue / & oppresse the londe the contree & the people / and the thirde [Page] for to recoure / londes / seignoryes / or other thynges / by other taken & vsurped by iniuste cause / whyche to the prince or to the iurisdicōn of the cōtree or of the subgettes ought to apperteyne Item of the two of wylle / that one is for cause of vē geāce for som̄e grief receyued of other / that other for to conquere & gete londes & estraūge seignouries / But for more particulerly to declare / first & by especyal the first of the thre whiche is of iustice / it ought to be knowen / that ther ben thre pryncypal causes by the whiche it is leefful to a kynge or a prynce to entrepryse or susteyne armes / warre / or bataylles The first is for to bere & susteyne the chirche & his patrimony ayenst all men that wold defoule it / as all crysten prynces ben holden / The seconde for his vassale / yf he be requyred in caas that he haue iuste quarell / & that the sayd prynce haue to fore dewly endeuoyrd hym to make accorde bytwene ye parties / in the whiche thyng thadu (er)sarye be founde not treatable / & the thirde is that the prynce may iustly yf it please hym to ayde & helpe euery prynce baron or other hys alye or frende / or ony contre or londe yf he be requyred / in caas that the quarell be iuste / & in this poynt be cōprised wīmen wydowes / orphans / & alle them that may haue necessite / of what parte that they be wronged of ony others power / for this cause & sēblably for the other tweyne a fore said moeuyngs that is to wite that one to withstonde the euyl And that other for to recouure his propre thynges loste / is not onely leefful to a prynce to moeue warre or to maintene it / but it is to hym pure dette to make it by oblygacōn of tytle of seignourie & iuredicōn / yf he wyll vse it after rightful duete / but as touchyng the other ij pointes / that is to wyte that ne for vengeāce of som̄e grief receyued by power & myght of another / & that other for to gete straūge londes wythout [Page] to haue ony tytle / what someuer the conquerours / alexandre the romayns & other be moche preysed in the tytles of chyualrye / & semblably they that gretly be vengid on their enemyes be it wel or euyl / & what comynly therin̄ is doon I fynde not in lawe deuyne ne other scripture / that for thyse two causes without other moeuyng / is lawful to empryse vpon cristen men warre or bataylle / but wel the contrarye for by the lawe of god / it apperteyneth not to a man onely to take ne vsurpe nothyng of others / nor in no wise to coueite it & semblably ben reserued to god the vengeances / & nothyng apperteyne to man to doo them / but for more playnly to declare vpon this part / & ansuere to the questions that may be moeued Trouthe it is / that it is leeful to a prynce to kepe to hym self the same right / that he shold doo to another & for as moche as a iuste prynce shal doo / felyng hym self wrongyd by an others myght & power / ought he thēne for to obeye to goddes lawe to deporte & forbere without doyng more therto forso [...] nay / for that deffendeth iustyce / but the faytte requyreth of [...] trespaas pugnycōn & for that werke iustely he shal holde this waye / he shall assēble grete counseyl of wysemen in his parliamēt / or in the counseil of his souerayn yf he be subget [...]e & [...]e shal not onely assēble them of his contree to thende that oute be put all suspecōn of fauour / but also of strange contrees that may be knowen not adherent to neyther partye as wel auncyēt / nobles / as iuristes & other prsent them self shal purpose or doo be purposed all the trouth & without ony fauour for god may not be deceyued all suche right & suche wronge that he may haue / & in concludyng shal saye yt of all he wyll reporte hym & holde to the determynacōn of ryght shortly for to saie by this manere / this thynge put in right wel seen & discuted so & by suche waye that it appere by true iugement [Page] that he hath iuste cause / Thēne he shal doo som̄one his adu (er) sarye for to haue of hym restytucōn & amēdes ofthyniures & wronges by hym receyued / Thēne yf it happene / that ye said aduersarye delyuer deffences & wyll gaynsaye it / that he be entierly herd without fauour to hym self in ony wise ne propre wyll ne haynoꝰ courage / These thynges & that whiche apperteyneth duely made / in caas that the said aduersarie be foū de refusyng to come to right & lawe / the prynce may Iustely & surely entrepryse warre / the whiche ought not be called vē geaunce / but pure execucion of rightful Iustyce /
¶Here ben deuysed the consideracions & regardes that the kynge or prynce ought to haue in the fayte to entrepryse warre and the maners that he ought to holde / to fore he conclude the said warre / ¶Capitulo quinto
Syth it is soo that it is leefful to a prynce tentrepryse warre & bataylles / and theym mayntene for the causes aboue said / And how be it that these thynges be grete & poysaunt / as they that touche pryncypally the lyf / the blood / thonnour / and chyuaūce of infenyte persones / wythout whiche regard all byfore the werke / ought not to be emprysed / ne for light moeuynges ne yong willes but that it ought to be redoubted tempryse newe warres / but for to modere hym self we haue ensamples ynowe / O remēbre / that the puissaunce of auffryke / ne thorguilloꝰ cyte of cartage whiche was chief & heed / and the spaynards / ne the right puissaūt kyng anthyochus lord of a grete parte of the orient / whiche brought so moche people to bataylle that it was infenite wyth theyr dredeful olyphaūtes / ne also the right myghty prynce kynge metridates whiche lorded vpon .xxiiij. contrees / and also all the world / but yt the right lytil puissaūce of romayns myght wel subdue them / & therfore ought no prynce lightly to put [Page] hym self in peryll whiche is for to be determyned by the destribucōn of fortune / of whyche noman may knowe to what syde it shal tourne / Thēne it is necessarye that the prynce be wyse / or at the lest wylle vse the coūseyl of wyse men for plato saith that the royame or contre is blyssed & wel happy where the wyse men gouuerne / and the thopposite or contrayre it is acursyd & vnhappy lyke as witnesseth the holy scripture And without faylle ther is nothyng so moche necessarie to be cōueyed by wisedom / as is warre & bataille lyke as it shal be said her after / for ther is no faulte made in ony caas lasse repayrable / than that whiche is executed by armes & by euyl gouernyng of bataille what shal thēne doo the wise prynce to whome shalbe of necessite for som̄e of the caas aforesayd tempryse warre or bataylle / first to fore all thyng [...]e must be holde & take hede what puissaūce or power he hath or may haue as moche people / as of synaūce & money / without the whiche the two pryncypal thynges to be wel garnysshid & surely it is folye tentrepryse ony warre / for aboue alle thynges they ben necessarie / & in especial moneye / for who that hath money ynowh / & wylle enploye it / he shal alleway fynde ayde & helpe of men ynowh / & more than he wolde: wytnesse of the warres of ytalic: & in especyal of florence: of venyse: & other places y• whiche comynly fyght more with theyr money than they of the contree: And therfore wythoute payne: and vnnethe may they be vaynquysshed: And it shold more auay [...]le and be moche better to a prynce: yf he fele hym not wel garnysshed of tresour or of ryche subgettes full of good wyll to ayde hym: to make somme trayttye with his enemyes: yf he fele hym self assaylled: Or for to deporte and forbere tempryse warre: Rather than to begynne yf to mayntene it he hath not wherof: For be he all certayn: that yf he entrepryseth [Page] in hope to take more of his subgettis than they may bere & ayenst theyr wyll / it shal encreace the nombre of his enemyes / so sholde it be to hym lytil prouffyt for to destroye the strange & ferre enemyes / for to gete pryuee & nygh enemyes / for it is to wite that ye prince capitayn ought not despyse noo puyssaūce of enemyes though it seme to hym but lytil for he may not knowe what fortune ye other shal haue for hym self / as it is wreton how yt ther was a shepherd named vriacus / to whom fortune was so propice / that she helde him in puissaūce with grete foyson of theues & pillyardes whiche he had assembled for to make warre to rome / whiche was so myghty by the space of / xxiiij / yere / that he dyde moche grief to theym / And ofte tymes vaynquyssed in bataille / & the romayns myght neuer destroye hym / but fynysshed his lyf by one of his owen men whiche slewe hym / and therfor to thende that he be not deceyued he shal assēble to couns [...]il the foure estates of his contree whiche ought to be called or he emprise so chargeable a thyng / yt is to wite thaūcyen nobles experte in armes whiche knowe what the fayt of warre mounteth / Item the clerkes legystes / by cause that ī the lawes ben declared alle the caasis of whom ought to sourde iuste warre as many ensamples we haue to this purpoos / Item the bourgeises by cause it is of necessite and by cause they parte in the myse and tresour whiche therto by houeth as said is / and that they take hede to the fortificacōn of townes cytees and enduyce the mene people to ayde theyr lord / Item som̄e of the men of Crafte for more to honoure the sayd peple / And that they be the more enclined and the better willed to aide their lord with their goodes / of whiche thing they ought alle to be swetely prayd / O how is that a proffitable thyng in seygnourye / Royame / or Cyte to haue true subgettis / [Page] & of grete loue / For they faylle not in bodyes ne in goodes / lyke as it appiered many tymes in rome / whan ye tresours of ye cyte despēded in grete warres in so moche that they had no thynge / Thēne the ladies them self of their propre mocōn brought theyr Iewellis & ryche adournemens / and with theyr good wylle brought & delyuerd them for to socoure to the necessite of the toun & cyte / the whiche afterward were gretely restored agayn as good reason was / And for to holde this waye / wel gaaf ensample the good wyse kyng charles the fyfthe of that name / fader of this that presently regneth the whiche anon after he had be crowned / what dyde he as in the age of xxv / yere / as he behelde that the englissh men helde euyl the couenaūtes made of the treatye of the peas / whiche he hadde by necessite & dyu (er)se fortune acoorded to theym how wel it was to hym right dōmageable / and that not with [...]stondyng that it was agreed to theym to holde grete parte of the duchye of guyenne & many other londes & seignouries in other places in the royaulme of fraūce but that suffysed them not / but marched defowled & greued by theyr pryde & ouerwenyng the other contrees neyghbours whiche apperteyned nothyng to theym / sente the sayd kynge by aduyse his ambassiadours auctorised to the duc of lancastre sone of kynge edward of englond & to his people whiche had doon the said oultrage / that therof he wold cesse / & make amēdes of the grieues & dōmaiges made syth the said peas of whiche thynge suche was theffecte / how wel the ansuere was curtoys ynowh / the said ambassiadours were slayn in that iourney or waye / wherfore ye good wyse kynge seen that by constraynt had accorded the dishonourable peas the whiche englyssh men euyl helde / & for many other reasons whiche shold be ouer longe a thynge to recounte / assēbled at parys [Page] at his parliamēt the forsaid foure estates / and with them alle the wyse iurystes strangers / as wel of boloyne the craas / as of other places suche as he myght haue / and to theym purposed his reasons ayenst thenglyssh men demaundyng theyr aduys / yf he had cause to bygynne warre / for without iuste cause / the regarde & deliberacōn emonge theym / and the consente & wylle of his good subgettes in no wyse he wold doo it / at whiche counseyl by long deliberacōn was concluded that he had good & iuste cause to begynne agayn the warre & thus the good wise kynge entreprysed it / in whiche thynge god hath be so moche fauourable to his good right loued be he / with the grete prudence of hym / that alle the londes loste he gath sith recōquerd with ye swerde / like as yet it appiereth
¶Here is deuysed how it is not expedyent that a kyng or souerain prynce goo in bataylle for the peryllis of aduersayre fortune ¶Capttulo vjo·
Thēne by the way aforsaid ye wyse kynge or prynce shal determyne to werke in the fayte to entrepryse warres & bataylles / And for as moche as it is a thynge notayre / that in suche a fayt to bygynne / mayntene / & contynue foure pryncypall thynges / That is to wite an heed or chief / hardynesse / Strengthe / and constaunce / without the whyche alle shold goo to confusion / ye yf that onely one of them faylled / now it is to see yf it be good that the kynge or souuerayn prynce in his propre persone goo to his warre / And be in the bataylle / For as the faytte ought to touche hym more than / ony other / By whiche his presence myght represente the forsayd four thynges / And with this that it is no doubte yt his knyghtes & men of armes & all thoost shold haue the better herte to fyghte / seeyng their lord in ye place / redy to lyue & deye with them / without faille for to āsuere to this q̄stion [Page] not Wih̄thstondyng all that ony may saye of the wele & good that myght ensiewe / and that many ensamples shold be foūden of kynges & prynces / to whome it is wel taken to be presente in their bataylles / lyk as the kynge alexander in his conquestes / & also many kynges of fraūce / as the kyng clodoneus / charlemayne & ynowe of other / & also charles whiche presently regneth beyng a childe in the age of: xiiij: yere newly crowned was in the batayl of rosebek / ayenst the flemyngis / where he had noble victorye / it is not to be delibered ne lightly to be concluded / that the kynge ne souerayn prince goo in his propre ꝑsone / and better is it teschewe it [...] than to goo thyder / alleway reserued som̄ cas that is to wite ayenst his owne propre naturel subgettes / in caas that they be rebell to hym / the cause is for as moche as naturally the subget fereth to offēde the mageste of his souerayn lorde in especyal in his presence / whom they may not denye [...] what someuer paruerse wylle they haue / that they shold lose hertes and mēbres like as they were vaynquisshed / they seeyng agaīst hym: whome they ought to ayde / and also to be with hym ayenst alle men / and in especyal the confusion is grete ayenst them / And the right is grete for the prynce [...] whan he is to theym good & not cruell ne tyraunt / But not for what someuer necessite that he see / he ought wel to take hede [...] that he be sette so surely in the bataylle / that the perill of euyl fortune may not falle vpon his persone / But the reason general wherfore it is not good commynly that he goo to bataill is by cause that none may knowe to what partye god shal gyue the eure of the victorye / wherfore yf the fortune cam ayenst the prynce beyng there in persone / by whiche he take deth be take or flee / that shold not be perdycyon and deshonour only to his sayd persone: but to them of his blood: [Page] & generally to alle his subgettis londe & contrees perdicōn & infenyte inconuenyent / lyke as ynowh̄ may be knowen by thexperience of caas semblable in this royame / & ellis where late happened / And therfore it is not to be chosen that for the regarde of som̄e particuler vtilite is put in aduenture & peril that / of whiche may come infenyte harmes & inconuenyētes and therfore a prynce ought not be byleued that therin shold be ouer wylly & courageoꝰ / but he ought to be put fro it / and the causes & reasons to hym assigned with examples whiche oughte to refrayne hym / Consideryng the right grete peryl / not onely of his persone as said is but of alle hys subgettis & royaulme / And to this purpoos veryly may wel serue for example / the wytte & good gouernaūce of the forsaid wise kynge Charles the whiche he not mouyng fro his trone ryal in palays / conquerd agayn alle the londes lost by his predecessours right cheualeroꝰ / lyke as the trouthe is manyfested / and that it be true to this purpoos / that wytte & diligence be more expedyent in faytte of warre than in the presence of the prynce / semblably it appiereth by the first duc of mylane fader of this that now is: the whiche not partyng fro his palays: conquered by his wysedom as many londes & seignouries in lombardie & in the marches: that to the seygnourye of a Cyte he attrybued & gate so many other that he made it a right grete & notable duchie
¶Here is deuised what conestable ought to be chosen for to be maistre of the chyualrye of the kynge or prynce: and the condycions that he ought to haue ¶Capo· vijo·
NOw we haue how the kynge or souerayn prynce for the wele and surete of the comyn wele ought not lightly delybere ne conclude in hym self to goo in to bataylle / Thē [Page] ne is it to be aduysed to what personnes [...] for to one onely suffyseth not to be cōmysed the fayttes of so grete offyces / as maystres & conduytours of his chyualrye / that for hym & in his name excercyseth the fayt of his warres / of whiche thynge without faylle by right to take hede is none other of more grete regarde / than to make thelection of theym [...] for of so moche as thexcercyte of their offyce passeth in poys & perill alle other / of so moche it apperteyneth & byhoueth the more couenable persones / & by especyal ought by grete aduyse to haue regarde & delyberaciō to chese hym to whome is comysed ye princypal charge aboue alle other / The whiche offyce the auncyēs called duc of bataylles or souerayn maistre of the chyualrye / whome we calle now in fraūce Conestable And after in folowyng thusage of fraūce the two marchallis vnder y• whiche pryncypall offyces / ben after sette diu (er)se and many captaynes of certayn nombre & quantyte of men of armes / In thelection in specyal of the souerayn maystre of the chyualrye of the prynce / ought to be aduysed [...] that he be a persone right notable / especyally in all that whiche behoueth in thynges that requyre armes / That is to wite / that by longe experyēce he be so vsed / that it be to hym as a naturel craft or mestier / and that the contynuel excersite hath rendrid h̄ym a maister of all that whiche byhoueth / as he whiche by many tymes h̄ath be founden in diuerses aduentures happened in fayttes of warre by diu (er)se contrees & nacōns / For vegece saith that lengthe of aage / ne grete nombre of yeres yeue not onely arte & manere of fyghtyng / but thusage / So that he be not to lerne the ordres & maners / whiche ought to be holden / in treatyng of men of Warre and of Armes / be it in tyme of reste / or in trauayll of Warre / And that he can mayntene / lede / conduyte / And put in arraye so and in manere [Page] as it apperteyneth for the beste / And it is to wyte that in the said electiō ought to be more regarde to the perfection of the sayd thynges / with the other maners & condicōns / whiche apperteyne to hym / Than to the gretenes of his lignage & hye blood of his persone / and alle that he may assēble to be shalbe moche expedyent / by cause that of somoche as he shal be more noble of blood / so moche the more shal he be the more dradde & holde in reuerence / in h̄is sayd offyce / the whiche thyng is necessary to euery captayn / for to this purpoos recounteth valere / that the auncyents / whiche made the grete conquestes / for to be the more doubted in theyr oostes / faygned theym to be so grete & so hye in lignage / that they saide them self parents & kynne to the goddes / But neuertheles it suffyseth not this onely couenablete / without the other ꝓpretees therfore the regarde of the eliseurs or chesars ought more to pourueye to the wele of thoffyce / then to the persone For it shold be a thyng moche to be reprened to chese one of hye blood beyng ygnoraūt / & to sette hym in thoffyce / in whiche subtylte / wysedom / and long vsage hath ofte more grete nede / than the quantite of peple or ony other strengthe / For Cathon saith that of alle other thynges the faultes may be amended / sauf suche that be doon in bataylles / of the whyche the payne ensieweth anone the faulte / For euyl perisshe they that canne not wel deffende / and to fugityues vnneth or with grete payne cometh agayn the herte to fighte / Ther fore also with the other forsaid thynges it is necessarie that he be wyse / of good naturel witte / as he to whome hath be cō mysed the knowelege of many thynges / and that is as chyef of Iustyce & lieutenaunt of the prynce for to doo right to euerich̄ of causes that may happen in caas of armes & feattes of cheualrye / of alle them that be vnder hym and also of [Page] straūgers whiche ofte happen in dyuerce maners / And it is to wete that after the ryght of gentilnes and hye noblesse of courage apperteyneth to a good captayne whiche vseth thexcersyte of armes / in alle caases that may to hym happene of all that gentylnes requyreth yf he wyl gete honour that is to wyte that also to his enemyes he be ryghtful & verytable in feat & in Iugement where it shall falle And with this that he honoure the good & the valyaūt in lyke wyse as he wold be of them honoured / And this manere helde the valyaūt kyng pirrus of Macedone wherof he gate grete loos / whiche by cause he had founde so many valyaūces in the romayns / how wel they were his grete enemyes [...]e honoured them right gretely / whan an ambassade cam to hym And also theym whom he slewe in bataylle / he dyde doo bu [...] theym honorably / And of the noblesse of this kyng & of his grete fraūchyse it is yet wreton / that he had in so grete [...] the prysonners whiche he had taken in his batayl [...]es [...] wold not kepe ne reteyne them as prysōners / but rend [...]d [...] deliuerd them all quyte / The maners and condicōns [...] belongen to a good conestable ben these that he be not [...] hastyf / hoot / fell / ne angry / But amesured and at [...]empo [...]a [...] rightful in iustice / benygne in conuersacōn of hye mayn [...] & of lytyl wordes / Sadde in coūtenaūce no grete dys [...]ur of truffes / verytable in worde and promesse hardy: sure [...] dyligent: not coueytoꝰ / fiers to his enemyes pyetous to them that be vainquissed / and to them that be vnder hym he be not lightly angry / ne be not moeued for lytyl occasion ne byleue ouer hastely for lityl apprence / Ne yeue fayth to wordes whiche haue ne colour of trouthe [...] ne that he be not curyous of mygnotes / Iolyetes / ne of iewellis [...] but be he habylled & arrayed / rychely in harnoys & moūtures / & contiene hym fiersly / [Page] Ne be he not slouthful / sluggyssh / ne slepy / ne curyous in metes & festes in lyf delycate / & in serchyng alleway thestate & couuyne of his adu (er)saires / & be he subtyl / pourueyed & wyly to deffende hym fro theym / & wysely to assaille them / wel aduysed vpon their espies & watches. & that he knowe to gouuerne his owen peple & holde in ordre & drede / & to doo right where he ought to doo it / And that he be not ouer curyous to playe in noo games / to honoure the good and them that be worthy / & nyghe to hym / & wel to rewarde theym that deserue it / And that he be large & lyberal in caas that it be requysyte / & that his comyn speche be of armes: of fayttes: of chyualrye and of the valyaūces of good men. And that he kepe hym wel from avauntyng / & be he louyng hys prynce & trewe to hym / fauorable to wedowes / to orphans / & to the poure / ne make grete compt of a lityl trespace doon to his persone / And smale debate to pardone lightly to hym that repenteth / and aboue all other thyng to loue god & the chyrche & to sustene & helpe right / Thyse sayd condycōns bylongen to a good conestable / And by consequent to the marchallis / & to alle theym of semblable offyces /
¶Here alledge to purpoos of excercyte of armes som̄e auctours whiche herof haue spoken / & the maners whiche helden the valiaūt aūcyens conquerours in armes / ¶Capio· viijo·
AFter that we haue deuysed what offycers ought to be chosen or at leste theym that haue condycōns next and moste lyke to theym a forsaid / whiche shal be cōmysed capytayns & conduytours of the chyualrye of the prynce or kynge / it bihoueth vs to saye in what werkes & thynges theyr excersyte shal extende / And by cause that dyuerce auct [...]urs lerne me to speke whiche haue wreton / I shal produce in to wytnes theyr sayengis / And pryncypally vegece whyche [Page] in the tyme of valentyne themperour notably / made a propre boke of the dysciplyne & arte whiche the right conquerours helden / whiche brought to ende by wysedom and vertue of armes / thynges / whiche now in this present tyme shold s [...]me as Impossible And this thynge wel affermeth by hys worde / the sayd kyng pyrrus / whan he had assayed & proued the valyaūce of the romayns / Of whome a lytyl quātyte wythstood ayenst his oost / whyche was so grete that they couerde thenne montaynes & valeyes / Thēne the said kyng pirrus saide / yf I had suche knyghtes / I shold conquere alle the world / And by this it is to suppose / that grete wytte trauayll / & propre industrye achieuen soo hye empryses as to conquere the worlde / lyke as dyde the romayns and other cō querours / of whome the maners / and ordres that they helden many wyse men registred them / the whiche thynges for e [...] ample to be conformed to theym yf they seme good ben for to be herde propyce & expedyent / For the said vegece saith who that wylle haue peas / lete hym lerne to fyghte / & who loueth victorye owght to knowe the feat of armes / & the knyght that desireth good aduenture / lete hym fyghte by arte or crafte / that is to wyte by wysedom / and not at all aduenture [...] none dare grieue ne angre him ye supposeth shal surmoū [...]e [...] ouercome yf he be assaylled / Soo is it by the grete conquestes / that the auncyens dyde somme tyme / that the peple be not now so valyaunt / as they were woned to be / And of this whome it is a longe / or causeth the fornamed vegece rendrith the reason that sayth [...] that the longe peas rendryth the men / whiche herto fore by longe and contynuel trauayllis were woned to excersice the feat of armes sette nothyng by that occupacyon / But now ben put in delyte / reste and to couetyse of money / whiche the noble auncyens preysed nothyng [Page] but honour of armes / ne sette nought ther by / And thus is chyualrye sette in neclygence / & as it were forgoten & not raught of / And he sayd / the romayns in lyke wyse whiche had goten many londes & conquerde / lefte on a tyme thexcercyte of armes / whiche by theyr discontynuaunce they were by hanybal prynce of auffryke desconfyted in the seconde bataille / where as they loste all theyr seignourye tofore canes in puylle / whiche was soo horrible / that almost alle they of rome were deed / And theyr chieuetains taken & destroyed & also the noble chyualrye in so grete quantite that after the desconfiture / hanybal whiche dyde doo serche the felde had thre mues / or busshe lis / all full of rynges of gold fro theyr fyngres lyke as thistorye saith / the whiche he dyde doo bere in to his contre in signe and Ioye of that vyctorye / But aftre whenne the said excersice of werre was of the noble auncyents taken vp ayen they alwayes had victorye / Therfore concludeth the said auctour to the louing & praysing of the contynuall excersyce of armes that more profytable is to a kyng or prynce to see his men vsed & wel taught in the said art and fait of armes how fewe or lytyl quātite of peple that he hath / than to take and reteyne vnder hym grete foison of strange souldeours that he knoweth not / & nothyng so ferme ne stable saith he ne that more is to be commended than is a contree where foyson of gode men of armes be wel lerned & taught in all that longeth to the fayt of werre / for nethre gold ne siluer nor precyous stones vaynquysshe nor ouercome not the enemyes nor make not thenhabytans to lyue in peas as doeth & may doo the might of worthy chyualrye wel taught / And of suche folke ought not to be Iuged aftre the folysshe sentence of the kyng Bynytus of gallya or fraunce / whiche aftre he had [Page] enuaysshed the romayns with / Ciiij / soore thousand men armed / and sawe hem come ayenst hym with so lytyl a quantyte / despysed them and sayd that they were not men ynoughe for to satisfye thappetit of the dogges of his oost / But not withstandyng was ther men ynoughe for to dystresse bothe hym and his grete oost / as is happed soone after lyke as thystory recounteth / And this for to conferme after the sayng of the said Auctour / we shall first speke of the doctryne and lore that thauncyent nobles yaue vnto theyr chyldren in tyme of theyre youthe / And then shal we retourne to the matiere of the said chieftain or chieftains of the chyualrye / The said vegece to purpos saith in the first chapytre of his first boke / We by noon othre meanes nor manere can perceyue ne see / the cyte of rome to haue subdued vnto her the countrees of the worlde / but by vse of armes and by techynges of ostes of knyghthode / For al ynoughe may be presumed / that so small a quantyte of folke as the romains were at the first shuld do lytyl harme to the grete multitude of frenshmē The wytte of the grekis as Titus liuius saith dyde resiste ayenst themalyce & strength of them of affrique And by this we conclude as it is afore said that bettre is a small quantite of folke vsed and wel taught in fayt of armes by cōtynuel excersice of al that therof may fall in the doubtouse happe of bataill / than is a grete ml̄tytude of rude folke nought knowing / for as he saith [...] the manere of connyng to knowe that / that in werres & bataylles b [...]longeth groweth norissheth & gyueth hardynes to fyght / as it is so that noon doubteth to do that in whiche he feleth hymself lerned expert & taught / And al sciences & craftes are knowen & lerned by contynuās of vsage / Thus yf it be trouthe saith vegece that this be in small thingis [...] bettre it behoueth to [Page] kepe the same in thynges that ben right grete / O what is it of men vsed & made to the werre and that be subtyl in thexcersice of armes / with peyne can they be ouercome by noo maner of straunge aduenture that neuer was seen bifore / As it appiered that tyme the romayns founde the crafte & the manere for to sle the multitude of Elephantꝭ that ben so grete and ferfull bestis wat bothe men and horses of theyre syght were affrayed / that the cartagiens and they of parthe had brought ayenst theym / And the wyse romayns made engyns by the whiche they lanchid & cast vnto theim sharp barres of brennyng yron / and thus distroyed them / And therfore saith thauctour that of al artes or craftꝭ in a lande more to be comended / is the arte of fighting in excersice of werre For by that is the fredom of the lande place or contrey surely kept / and the dignite of the prouince is ther by encreaced / and the auncyent worthy men / as it is said soueraynly kept the same / first the grekes and they of lacemodone right valyaunt and strong werryours / And thenne this arte to lerne & vndrestande aboue al other thing were the romains curyous & fayne / and the fame & honour that ensued theym for the same / appiereth and is wel knowen
¶ Here deuyseth & sheweth the manere that the noble auntient worthy men kept to thyntroduction & lernyng of theyre childre in the doctrine of faitꝭ of armes ¶Capio· ixo·
The auncient noble men thenne that by haultnes of corage desyred al wayes that thexcersise of armes shuld be contynued / to thende the comyn wele of theyre lordshipes and cytees shulde be the bettre amended and deffended made not theyre children to be norisshed in the kyngis & prynces courtꝭ for to lerne pryde / lechery nor to were wāton clothing But dide so by cause in tyme to come of theyre flowryng [Page] aage myght serue the prynce and the countrey in that offyce that apparteyneth to noble men / & had of a custume whan theyre children were com to / xiiij / yere of aage they made hem to be taught in al suche thyng that longueth to knyghthed and in faites of werre / And is to wite that there were in certayn places propre sooles where they were induced / And taught to were harneys & handlyng of staues & deffensyng and the fayt & the wayes of thesame / And therfore wyl vegece say there as he speketh to this purpoos in his fourth chapitre of his first boke that the noble men ought to peyne hem self to drawe theyre children in theyre first youthe to the loue of fayttes of armes / for ye yong child is able to conceyne & kepe in mynde that / that men shewe to hym / and naturelly chyldren are glad and wyllyng to tyse hem self to suche thingis as men see / that they wrastle lepen & playe one with other moeuing theyre bodyes / So ought thēne to be shewed vnto them the tournez of swiftnes to caste & fyghte with bothe theyre armes / and the manere how they shall glaūche or with drathe themself from ye strokes that in trauers or sydlyng may come / to lepen oner trenchis or dyches / to lanche or cast sperys & dartes and the waye to couere & saue hem self with theyre sheldes / and to doo al other semblable thyngis / And vnto them they shewed also how in castyng of sperys or dartes they shuld sett theyre lifte foete a fore / by cause in launching shakyng or casting that wiche they hold & wold cast out of hand the body shulde be more stedfast on the grounde & the myght in casting gretter / but as to come hand to hand for to repulse or shoue forth with sperys they taught hem to sette the right fote afore / by cause that the strēgthe of shouing is at the lifte syde of men And for to teche hem bettre in all thynges to fighte & to sawte / they were oftymes put [Page] in arraye of batailles by theyre maistres / by cause they shuld knowe by veray vse the conduyte and the ordre that ought to be kept in a bataille / And all renged in fayre ordonaunce made hem to marche forwardis a quantite of paaces for to teche hem to kepe hem self clos togidre in gode ordenaunce without gooyng out or from the rowte of theyre bataille / And with light stauis at the first by cause they schuld not hurt eche othre / made one partye to sawte that othre / And to thende that noo rancour ne anger myght not be norryshed among hem / they that had the victorye were at another tyme putte for to fyght with theym that they so had ouercom / ayenst othre After this they were putte in certain places to kepe theym that one place ayenst that other / And as theyre bodyly strengthe grew more and more / they made hem for to take axes and swerdis and almaner of other wepens of werre and assayed & forced them self to smyte ayenst certayn stakes that for the nones were dressed and there made grete appertyses of armes / as hit had be ayenst theyre enemy mortall / and al this was / by cause they shuld bere trauailles and be vsed in ablyng of them self And so assawted the stake al a bout glanching and tournyng here and there / and in this manere of asawte toke in hem self strengthe and breth and the manere of fyghtyng and sawtyng they lerned / And as theyre strengthe & age grewe / so was gyuen to theym greter charge and more poysaunt / and namely bygger armures and more heuy stauys than thoo that are vsed in a feld or bataille / by cause that comyn stauis shuld seme to them easy and lyght at a nede / They lerned theym also to stryke with a foyne whiche manere of foynyng was first brought in vse by the romains / for they scorned them that smote edgelyng / and sayd with peyne myght [Page] one slee another aftre that guyse / by cause the bones that be harde with holdeth and kepeth the stroke / But of a foyne is the wounde dedely yf the hed or the body entre the depnes of two yuches / And for this reason also is the strok of a foyne bettre and surer by cause he that smyteth edgelyng / in heuyng vp of bothe his armes sheweth him self naked and bare and discouered a long his right syde / and this doeth not he that smyteth with a foyne / but kepeth hym self clos as he striketh / and may hurt his enemy / er that other heue vp his armes for to smyte edgelyng / And with all this they excited and taught hem for to bere som̄ heuy fardelis all armed as they were for to be the redyer to suffre trauaillis and peyne / and to thende yf nede were / they myght bere wyth them theyre owne vitaillis / And for this lesson to conferme [...] to this purpos sayth vegece / that nothyng is greuous which of afore is lerned by long vse / nor so heuy a fardell but that by custome of beryng shal seme easy and lyght / And virgille in lyke wyse confermeth thesame vse / ther as he saith that the valyaunt romayns bare of tymes with them theyre necessaryes with the fardel of theyre armures / And beside al thys wer ther horses made of tymbre vpon whiche they lerned to lepe vp of bothe the sydis all armed from hed to tooe & the spere in theyre hand / to clemme vp wyth cordes to the wallis lyghtly / to make ladders hem self and ropes knotted for to clemme vp ward ther with all
¶Yet of thesame ¶Capio· xo·
In all the forsaid vsages and in othre moo the nobles aūcyēt introducted & taught theyr children so that by [Page] long contynnāce / wyth the gode doctryne of suche honorable wordis as they dyde putte in to their corages / that whan the veray fait of a bataylle cam. they were not to seke in noo manere of point / but as al lerned and right wyse made gret appertyses & faitis of armes / Suche doctrine was necessary in the tyme of the grete conquestis / and yet expedyēt & gode hit were in fraunce & in all other landes where as som̄ tyme of nede harnoys & armures ben taken Saluste to this purpos sayth / The knyght or men of armes is to be chosen that from the tyme of his youthe hath lerned the trauayllis of armes and the maners of bataille / And that by vsage can the wyes of knyghthede / And bettre it is saith he / to a yong noble man to escuse hym self of that he hath not yet lerned / than to make sorowe & mourne in his old age of that he conde neuer nothyng / wherfore thauncyent praysed so lytel the noble men that coude nothyng / that they putte no dyfference betwene them & the landishmen / But moche they sette by the noble men that were wortly & valyaunt / as it is knowen by vegece that thus saith to the lawdyng and p [...]aysyng of them / O men of grete and laudable merueilles / that this noble art and doctryne of knyghthede / haue so longue excersyced / that of veray kynde hit abydeth styll wyth you / Ye ought to be hyghly enhaunced as they thithout whych other men nor the lande can not be deffēded ne lyue in p [...]ax It is thenne grete auauntage to a yonge man that is willyng to do wel / Whan bothe tyme and place he hath and power to lerne the arte and scyence of armes whyche is not to be thought of litel importans nor with litel peyne goten & to him saith he that in suche dyscipline is wel taught / fere ne drede of fyghting is to him nothing ayenst who soeuer his enemy that it be / but rathre is to hym as a ioye & a delyt [Page] And with this addeth the auctours shewing in what lesson they of the peple were taught / that is to wite in shotyng & casting thith slynges whiche doeth grete ayde to theym that wel can skyl ther with / & was muche vsed by thaunciēt tyme wherfor vegece in praysing of suche cōnyng saith that how be it a slinge be of noo weyght / it is profytable & namely in sawtyng or fensyng of a forteresse a slynge is good & couenable / wherof they say / that suche manere of shott was som̄tyme so gretly sett by / that in som̄ Iles of grece the modres gaf no fode to theyre children vnto tyme they had hit [...]e theyre mete with yt stroke of the slynge / & also lerned hem to shote with a lōg bowe & with a crosbowe bothe & theire maistres lerned them to hold their bowe with the lifte hand & to drawe the corde with the right and with grete strengthe vnto there eerys / & that the herte & the eyen they shud see that thing that they wold shote at & that ententyfly shulde take theire marke with gode hede / & in this arte namely englishmen are lerned from theire yong age / wherfor cōtynuīgly they passe al othre archers / vegece saith that this manere of arte wyl be continued and ofte excercised namely to the goode maistres / & that the ham [...]tyng & continuaūce therof be nedefull / cathon saith in his boke of armes / that gode archers ben moche profytable in a bataille / & this testifieth claudius that saith that by the archers & they that were taught in the manere of castyng of dartes / ouercome Alexandres enemyes in dyuerse batailles with a lityl quātite of his people / & this witenesseth also the noble warryer scipion of affrica / also he taught hem to cast stones to bere sheldis & ye manere to cou (er)e with the same to caste speris & ye wayes to do al suche othre thīg & as thauctours sayen dyu (er)s & propre maystres were / that by the phizonomye of ye yongmen & by the [Page] body they knowe whiche were moost able and more propre to the discypline and teching of armes / as were they of whom the eyen & spirites were open & moeuable / that had a streyght hede a large brest / grete sholders & wel shapen armes long & bygge & wel made / long hādes & of grete bones small bely & the reynes wel formed / bygge thyes / leggis streyght wel shapen full of synewis & drye / brode fete & streyght / but as for the height of the body made noo force / and aboue al other thyng toke hede to the vigour and courage and to the swiftnes of the body / and to suche yongmen putte theyr mastres theyre besy cure & deligence to teche them the said arte & connyng of armes / and as they saw hem with theyre ablenes of body / of gode & wyse vndrestāding / they had hem myche dere / and taught & shewed vnto them al thinges that behouen to the chief captayns of armes / with al this / they lerned hem for to swīme in ryuers or in see / And saith vegece that this arte of swīmyng is right couenable to almanere men of armes / as somtyme it is nedefull to them whan strengthe chasseth them to passe ouer watres & ryuers for to eschewe parell or for to shorte theyre wayes / or for som othre nede / as may be / for to com at a certeyn owre there as they wold be / or for to take or com̄ by thees wayes vpon theyre enemyes vnbeware / and so dide dryue thaūcyent theyre bagage harneys & fardels aftre theym by subtyl craft / as vpon pecis of timbre & vpon drye thornes cast in the watre which they ladd al swīmyng aftre them / And by this arte of swī myng may a man of armes eschew the parel of deth dyu (er)s wayes / as it is writon of iulius cesar yt for to waraūt his owne lyf sauf dide swīme in ye see / iij / c passes also ye right worthy & preu baitailler cena ye romain escaped al alone sore wounded from the grete multitude of his enemyes by his [Page] swīmyīg ouer a gret ryuer / and thurghe thees waye of swī mīg were ye peple of a castell yt was besegid holpē yt vitailles by theyre frendes that swīmed ouer / with all by nyght vnto them not knowyng theyre enemys of the same / and in especyal by this art thaūciens ledde theyr bestis & horses / and for to assoyle the rayson of them that myght say / that suche thingis as aboue ben said / are light to the sayeng / but harde to the lernyng oure auctour saith that how be it al thinges seme dyfficyle to the dysciple or sooler er he can hem yf the maistre be tending & diligent of teching ther is noon so harde a connyng / but that hit wylbe light by long contynuaciō of hauntyng of the same / And yet in contynuyng the manieres that the romayns kept suche an vse a monge othre they had / that the noble men bare a garment vnlyke to them that were vnnoble / and with this was theire robes of Ioye & robes of sorowe whiche they wered aftre the fall of theire good eure or euyll fortune / that is to wite yf they had lost eny grete bataille / or that som lande were rebel vnto them or som grete Iniure doon ayenst hem that requyred vē gence then they toke & wered the robes of sorowe without othre garmēt vpon hem vnto tyme they cam to theyre aboue & were auēged / & thēne they toke agayn theyre robes of ioye
¶Here deuysed the proprietes that men of armes ought to haue & in whiche they ought to be taught ¶Capio· xjo·
WE haue deuysed al ynoughe the maners and introduccions of fayttes of armes that thaūcyēt gaff to theyre children / the whiche for an ensāple are gode to be kept in mynde / and so behoueth vs to retourne to that / that is said afore / that is to wite in what thynges the gode & wyse captayn or his lieutenaūt shal aplie hym self first he shal as it is said afore drawe vnto him al ye best & moost chosen men of armes [Page] and shal cherysshe hem / And syth it cometh to speke of gode men of armes / vegece recounteth of the propryetees yt behouen vnto theym / and saith that with hardynes without whyche he may not be ought / must be taught & be maystre in helping of him self in his harneys & to be in at his ease to thende he may lightly assaylle his enemye / and to be able to lepe lightly ouer a dyche and to clymme yf nede be vpon that that may lette him to entree the lodgis of the aduersaryes ouer hedgis & ouer tentꝭ yf he seeth his tyme / to bowe asyde forto voyde ye strokis by delyuernes of body / and to enuahisshe leping vpon his enemyes yf the manere of the bataylle requyreth / And saith that suche maner of appertyses abasshen the courages of the aduersaryes & putte hem in a fere and so hath thaduantage ouer hem / And thus it hath be full often that one hath had the bettre vpon a stronger man than̄ hym self / and sooner wounded hym that nought was appareilled for to deffende hym self / And of suche touches sayth he / vsed the grete pompee whan he faught / And yf ye demaunded of me where shal the best men of armes be taken / I say for an ansuere / what so eu (er) it is said that the men that be in the hote countrees nyghe the sonne how wyse that they be subtil & malicioꝰ / are not moche hardy / by cause thay haue not foyson of blode / for cause of the grete hete that there haboundeth / & also to the contrary / they saye that they of yt cold coū trees are hardy & not wyse / & thus cosequently none of bothe ought not be taken / but they of that lande whiche is betwix bothe tēperate ought to be taken / but as to me I hold yt in this none othre rewle ought to be kept / but for to chese tho o men that moost haue seen / and that take moost delyte & haue plesur̄ in thexersice of armes / in whiche labour is theyre glorye & theyre Ioye sette / and that none othre felicite nor [Page] worship̄ they requyre / but onely that / that may com̄ to theym by meane of theyre cheualrouse dedes / and suche of what nacyō that they be of / are to be taken & receyued / and trouth it is that with thauctours all good witte ought to accorde that yf the captayn hath nede of folke of the comynaltee he ought singulerly to chese theym that can̄ som̄ craftes / as bochers that are woned to shede bloode & to smyte with axes [...] carpenters smythes and all other that excersyce theyre bodyes in trauaill and in werkes that be doon by might of mann [...]s [...]and Also men̄ of the countrey to whome harde lyeng [...]yne and labour is not straunge & are norysshed of rude f [...]de suche be good to suffre peyne & trauayll / without whiche thyng is not made werre that long is demened & kept /
¶Here begynneth to speke of the maners that behouen to a Constable or cheff captayn in executyng of his office ¶Capitulo Duodecimo
IT is so thēne / that the werre delybered & bygonne and by the prynce & souerayne receyued & sent deffyaūce as the guyse is / The wyse captayne that commytted is to the same / shall ordeyne & see first of all that the fron [...]yers [...] borders be wel garnysshed aswell of gode men of werre as of artyllerye of al maner shot & of all othre deffensable necessaryes & / almaner of garnysen of suche quātite as [...]ym sh [...]l seme gode aftre the qualyte of the aduersaryes And the townes & fortresses so garnysshed lacke of nothing he shal aduyse what nombre of men he nedeth for to doo that he hath and shal haue to doo vpon his entrepryse So shal he chose out amonge all other the best men of armes and semblably of them that occupye shotyng gonners and othre vnto the nombre that necessary is for him [...] And by cause that now commynly it is so taken that that the vyctorye of [Page] the bataille by reason ought to falle to that partye that more folke are / Ayenst this oppynyon saithe vegece / that it suffyseth for a comyn bataylle to lede a legion of gode men of armes with thyr aydes / A legion of men of armes is in nombre / vi / Myll / lxvi / that we may so take as we saye for sperys / And al othre auctours that herof haue writon accorden what vegece / saying that as in an ouergrete quantite is confusion / it suffiseth at the moost ayenst al multitude of enemyes two legions without moo of good men of armes so that they be conducted & ladd by souerayne ordynaū ce whiche be in nombre lytil more than: xiij: myll sperys / And it is founde that many ostes haue be dysconfyted by theyre owne multitude more thenne by the force of theyre enemyes / and why / certes a gode reason is therto / for the grete multitude is more stronge to be kepte & holden in ordre / & oste falleth to a grete myscheff for hyr gret & pesaūt weyght and is more nedy of vytailles / more debates be there / And more long to passe forthe awaye / and it happeth often easely that the enemyes / how wel yt they be of litel quantite awayten to ouercom̄ them as they go thrughe narow passages & ryueres / And there is the parell for tauaūce nor haste hem self they can not but they shal lette eche othre / and namely in arrēged batailles they ouerpresse & ou (er)step one ouer that othre by suche amauere that they smoldre eche othre / And therfore as it is said afore / the auncyent that the thing that be cōuenable to a bataille had taught / and the perillis shewed by experience / comended more to haue a litel ost wel taught than a grete multitude / The hie cheff captayne shal ordeyne ouer suche folke as he shal haue dyuers captaynes & conestables vndre whom he shal commytte certayn nombre of men of armes / to som̄ more / And lesse to som̄ othre aftre theyre [Page] suffysaunce / and lyke wise shall departe with them his gonners laborers & shoters / And thenne hym self & suche as he hath commyted shall see them mustre dyuers tymes in the feldis that one after that other / There shal be take gode hede that noon be reteyned but he be passable so that noo fawte be neythre in his persone nor in harnoys of what astate that they be / And there shal be wyse comyssaryes that gode hede shal take / that for couetyse of the payemēt of the souldyours noo decepcion be made by retenue of suche that be vnable / & from olde tyme were the hede captaynes first of all ryght straytly sworne / that they feythfully & truly shuld serue the prynce or the countre without that for fere of dethe nor for to eschewe what soemer parell that it were they shuld not fle nor for sake the bataille / And they in lyke wyse toke the othes of euery man of armes when they reteyned hem in wages / Thees thynges wel & duely made / after that he shal see that he haue gode surete & assignacyon for the payement of his men of armes for the tyme that he thynketh that this armee shal laste / For to this ought singulerly al cheff capp [...]taynes to take gode hede / as to that thyng pryncypall that may eythre make or deffeate theyre entrepryse / For noon entende for to haue gode men of armes without they be wel payed / For none sooner declyneth theyre payement but that theyre coragis fayllen
¶ Here deuyseth the manere that to a chief captayne longeth to kepe / in lodgyng of his ost / after that the bokes of armes sayen ¶Capio· xiijo·
ANd yf it be so that the said chief captayne goo purposyngly to assemble in bataille with his enemyes of whiche he awayteth theyre comyng / wherfor hym nedeth to [Page] kepe the feldis for a space of tyme and to lodge there his ost he shal aduise with a good hede after the supposyng that he hathe of commyng of his aduersaries / to lodge his oost in the best wyse he can / and to take fyrst yf he may the aduauntage of the grounde & the best waye for hym self to the hurt and hynderaunce of his enemyes / And tytus liuius sayth that som tyme whan they of gallya were goon with theyre oostes vpon the romayns / whiche knowyng theyre commyng went ayenst them / & as they first toke thaduauntage of the feld and of the place dide lodge hem self in suche manere that they were betwix theyre enemyes & the ryuer For the whiche cause they vaynquisshed and ouercome theyre ennemyes more by thurst / than by armes / And it suffyseth not to take a gode place in a felde / but suche that theyr enemyes yf they approche may not chese for them self ony bettre So shall he establisshe his lodgis to the highest part of the feld nyghe the ryuere and that noo hille shadowe them yf he may and that the place of theyre lodgis be of gode ayer and of gode compas yf he may / And after vegece / in a place where pastures water and wode be / and that the feldys be not disposyd to kepe rayne watre long vpon the erthe / nor where as to the enemyes myght fall grete russhyng & habondance of watres by brekyng of som̄ pondes and stangs or som̄ scluses / And it is to wite that after the quantite of folke and the plente of charyotis & cartis baggage and fardellages must be taken the spaces of the lodgys in suche manere that a grete multytude be not to narow sett / nor also more a brode than it nedeth for to be / For of lesse strengthe they shold be thereby / and ought the cartisand caryage to be sette rounde a bout Ioynyng to gyder / and more fayre is the lodgys holden when the place is taken more in lengthe by [Page] the thirde parte than it is in the brede / And in the myddis ought the place to be fortyffyed moost of all / As a strong hold made wyth tymbre yf men may and that nede be / Of whyche the yate shal be euyn ayenst the fronte of the enemyes / And other yatis must there be / by whiche the vytaylles shall com̄ in / And vegece sayth that many baners ought to be sette ther vp on high / and yf the chyef captayne thynketh to kepe his oost long there he shal doo fortifye the place with dyches & palis rounde a bout and wyth closur [...] made of tymbre as it were a castell wherin shal be [...] the garnysons / to the vytayllyng of whiche ought to be [...] / for byfore al other werke ryght wysely and wel [...] as vegece saith more gryeuous is honger than wepe [...] [...] many thyngis may be borne and suffred in an ost but [...]cessyte and lacke of mete in a feld hath noo suffraunce [...] remedye without vitaylle com thyther / how be it [...]e saith [...] al thing is couenable to an oost yt a man concence [...] self with a lityl mete / And therfore the wise captayn ought so to purueye / that vitailles faille not or euer the siege whyche oftymes lasteth lenger than men wene of be reysed or go fro / For whan thaduersary feleth the ost nedy of vitaillis so moche more sharp & fers he is ayenst hem & as [...] thinke lightly to take hem & for this cause it happeth y• folke of an oost force them self so moche to take vitaille one fro that other / & in especyall folke that kepe a siege bifore a fortresse doo soo / wherfore gode hede wold be taken that the dyspensatours & vitaillers of the oost be not theuys hemself & robbe not the oost as they by crafty wiles may doo / for by suche away hath many an oost suffred emonge grete honger & moche mysease & grete parell / wherfore it is gode & wysely doon to loke therto /
¶Yet of the same ¶Capio· xiiijo·
With all the thinges a boue said / the gode captayne that wyl maynten̄ & kepe his werre iustly ayenst god and truly towardis the world / ought to endeuoire himself to see his soudyours be payed so wel that they nede not to lyue of noo pillage vpon the contrees of theym that ben theyre frē dis / and by this manere of waye the oost shal haue noo deffaulte / For why all manere goodis & vitailles from euery parte shal come thyder / so that marchaūts may surely come / & that he make an ordynaunce vpon peyne of deth that noo thing be taken but it be payed for / nor nought mysdoo to the marchaūt / whiche now wolde god that it were doon so euery where / grete gode it were and I bileue that al thingis shold therfore come to the better ende / grete perill is in fayt of werre & in an oost whan couetyse of pillage ledeth to hit men of armes more rather / than doeth the good entent that they shulde haue to kepe the right of theyre partye / or the honour of knyghthode / or for to gete preysyng & gode fame / And suche folke ought bettre to be called theuis & robbers / than men of armes or cheualrous / and this shewed wel the frenshmen that tyme they ouercome the romayns & there grete oost in bataylle vpon the ryuere of the rosne and grete proyes gate vpon hem / but in token that they setted nought by the same / and that theyre entent was not sett ther vpon / they toke all the proyes / as pylfreys and riche harnoys / gold siluer and plate & cast all to gyder in the said ryuere / the whiche thing so don putte the romains whiche suche another dede had neuer knowen in grete fere & drede / The wise captayne thēne wel purueyed of tho thingis that ben said a boue / shal not trust onely vpon that / that his fourragers shall bringe by cause oftymes they fynde nought to take / but he shal be purueied [Page] bifore his partyng / not onely of al his garnyson / but also of al vitaillis that vpon cartis he shal doo carye wyth hym as is corne / and / mele / wynes / flessh / benes / salt / and vinaygre refressheth to drynke it with moche watre in the somer whan wyn failleth and al other thingis couenable that wysely he shal doo to be dispensed / Yet saith the boke of armes that yf the oost shuld tary long in a place and that a grete puissance of enemyes wayteth to come thether the place ought to be fortyffyed rounde a bout with gode dyches of / xij / fote depe and / xv / fote brode and as streyght as they can be made at that syde of the enemyes / wyth stakes [...] other thyngis to lette them that wold descende for ten [...]re but and so be sayth he that the oost shuld not abyde long [...] that he awayteth but for a fewe folke / it is noo nede of so grete fortyffyeng / but suffysseth yf men wyl dygge that the dyches be made of / viij / or / ix / fote of depnes and of brede vij fote / And ought the gode capytayne to commytte good men of armes wyth gonners and men of shot for to kepe and wayte vpon the laborers and werkmen whiche suche fortyfycacyons are in dooyng / And for to brynge a bout all suche thingis the wyse captayne shal be right wel purueyed of al Instrumentis couenables as shouillis wyth yron at for ende / ratellis / pycosis / sawis / axes / nayles / wymbrekyns and of al other ferrementis for to make lodgys or for to pydche and dresse vp tentes & pauyllons / and of suche werkmen that can gode skyle of the same / Not wythstandyng vegece sayth that folke of oostis ought al to be maystres hemself of kuttyng of wodis and of fellyng doun of grete trees of makyng of wayes thrughe hedgis and busshys / of byldyng of lodgis / of makyng of cloysours of tymber in sawyng of bordis and of makyng of brydgis yf nede be / of [Page] fyllyng of dyches wyth fagotis and bondellis of rede for to fynde passage / of makyng of ladders & of al suche thyngis And after the said Auctour the auncyent conquerours caryed wyth hem in theyre oostis forges redy made where were forged and made salatis / and helmetys / curacys & al other manere of harnoys / and al suche instrumentys of yron as must be had to make bowes and arowes sperys / dartys & Iauelots / and suche werkmen that conde skyle in al thees craftys / And theyre souyrayne care was to see that in theyre oostis al thīgis couenable for the same shuld be founde as it were wyth in a cyte / For to theyre houses they retourned not soone / Also mynours they lad wyth them that conde ful craftly digge vndre the erthe for to ouer take the ennemyes vnbeware / Wyth this sheweth vegece thoo thyngis that are to be considered for to kepe the oost in gode helthe yf hit must tary long in one place / Wherof fyue thīges he assygneth therunto / yt is to wite place / watre. tyme medecyne & excersyce / a place must be chosen fer from eny palusche or maresgroūde / and a watre that is vnholsome fowle and styl wythym a dyche full of vermyne ought not to be had / but must see to / that in somer tyme they be not duryng the grete hete without shadowyng of trees and pauyllons and noo deffaulte of gode and swete watre for them self & for theyre bestis / Medecyne they must haue / that is to be garnysshed wyth notable leches and gode maystres of Syrurgye that shal gyue help and socour to the syke aswel as they were in a cyte / And excersyce they must also haue / that is to enure hem self so to peyne and trauayll and to be harde / that syknes take not hem in tyme of nede for fawte they be not woned therto / Thus ben they couenable to bataylles that ben acustomed to endure and suffre bothe hete and colde [Page] Hard rest & sharp fare for noo thyng can com̄ vnto theym but they haue assayed and knowen it a fore / And in thys manere after vegece the wyse captayne shal do sett vp hys lodgis where by a gode ordre shal stablish hys captaynes wyth theyr folke vndre dyuers baners and standardis as they shulde goo to a bataille by the manere and fourme as he shalle ordeyne to them / And he wyth his men shal be in the myddis wyth his standard dressed vp a hyghe /
¶Here deuiseth of the thought & care that the hed captayn ought to haue to take gode hede vpon his oost ¶Capio· xv
Amonge the other vertues that souerainly ben couenable to a duc & chief captayne of an oost is necessary that he be a gode man and feythfull / as by ensāple it is [...] of fabricius leder of the romain oost / that for his gre [...]e worthynes and bounte / the kyng Pirrus his aduersarye wold haue gyuen him the fourth part of his royalme and of his tresors / so that he wold take his partie and to be hys felawe in armes / To whome he ansuered that ryc [...]es by treason and malyce goten was to be dyspysed ouermoche & that possible it was him to be ouercome by armes but not by vntrouthe nor treason / With this vegece saith that the captayne to whome is cōmytted in hand so grete a thyng as is the bayll & charge of the noblesse of knyghthode the dede of the prynce / the comyn wele of the lande the sur [...]ee of the cytees and the fortune of the batailles / ought to take hede not in generall vpon al the oost without moo but also partyculerly ouer euery persone / For yf eny myshappe fall / the comyn damage is attribued te his culpe and deffawte / And therfore the valyaunt duc and chyef captayne of an [Page] oft so commytted & deputed by the prince as it is said shal endeuoire him self to take gode kepe of al his folke and that they kepe gode rule in theyre lodgis and doo as they shulde doo For the boke sayth that thyse yong esquyers whan they be in rest ought to dysporte hem self by wayes of strengthes of armes / gyuyng by this manere to vndrestande that they be bettre plesed wyth the excersyce of the same / than wyth ydlenes of which groweth comynly among yong folke that be to gyder noyse and ryote yf they be not kept in fere of theyre captayne / And for thys cause ought the sage duc to be ryght curyous in takyng of gode kepe vpon hys peple in this byhalue / for as the wyse maistre sayth they that be ryotous and full of rancour & anger are peryllous in an oost Wherfore yf a captayne hath ony so dysposed in his oost he ought by wayes of fayrnes to make hym self quyte of hem / and not to be rygorous and hoot vpon them as he dyschargeth hem whych shuld cause them to tourne to the other partye ayenst hym / or to procure and machyne soner euyll ayenst his oost / But wyth fayrenes ought to sende hem away somewher in feynyng a cause why wherfore he doeth so to them / Morouere saith the maister that yf nede constraineth that suche men be pugnysshed accordyng to theyre ryotous dedis with yron / they ought not to be sparyd / for right wisnes wyl that it be soo to thende that other may take ensample ther by and for correction of themself / than that men shold suffre hem to Do offence and to hurt oultragiously dyuers other men / But yet he saith that the captaynes of whom the men of armes are mesurably & sadly demened by gode rule & by gode doctrine / are more to be praysed / than thoo whos men of armes are kept & trayed from malice & euill / onely for fere to be punysshed for the same / And to this [Page] purpos saith thauctour that folke whiche is gadred out of dyuers placis & of strange nations brynge vp som tyme wilfully noyse / tumulte & debatis in an ost / And this commeth oftymes by som̄ of them that haue noo wille for to fight which feyne to be angry by cause they wel not goo to the bataylle / And this cometh to them for one of two causes / or ellis for bothe / that is to wite by cause that either they are bettre willing to that other ꝑtie of theyre enemyes or ellis by cause they be woūt to be ydle & to lyue waūtonly [...] therfore the grieuousnes of the traueyl in which they be [...] enurid with afore / is sore noyouse vnto them / & the bokis saien that right grete worshippe it is to a captayn when his peple ruleth themself couenably in an oost / & to this purpos it is said / that whan cymars the messager of kyng pir [...]us was sent in to the oost of the romains for to treate of [...] with theim / he foūde the knightis there of soo highe a manere & noble mayntyen / y• he reported by them & said that he had seen an oost all of kingis thus the wise captayn that of all thīgis shal be purueied shal take gode hede to see that thrugh his fawte nothing be lefte yt is to be thought vpon or to be doon / not lōg slepe shal he take / but a litel & mesurable rest for out of a courageous herte in what thing that it is sete [...] vnto / cōmeth the grete labour of / he shal be therfore curiouse & diligēt to sende for the here & there his espies subtylli for to enquere & vndrestāde ye purpos of his enemyes & what theyre way be / & by theire reporte made vnto him what folk in nombre his enemyes be to the regarde of the quātite of his owne ost / what manere of folke they be & what his owne how strōg & how they are armed / which of bothe ꝑties is bettre horsed / what appareill & ordynaūce they haue / what comynaltee they haue / & of what naciō what socours & of whens it may com̄ / aswell to his [...] [Page] and what aduauntage hath the one partye more than that other / And herupon he shal take thaduis and oppinion of dyuers chyualrous wyse and gode captaynes that shalbe of his counseil / olde and gode true men of gode & sadde counseyl and expert in faytis of armes / Nor he shal not do nothīg onely by his owne heed but shal make his entrepryse after thaduys of many men / by whos regarde and direction he wyth them shall conclude by gode delyberacyon that whiche is best for to be doon / to gyue bataille to his aduersaryes / or not / soone / or late / or whether he shall abyde and tary tyl his enemyes com to sawte his and hym kepyng alwayes gode watche and euery man at his warde for to deceyue by some cawtell hys aduersaryes / But and yf he can knowe hys enemyes to be waytyng after eny socours / he shall make haste to fyght wyth them / And yf he hym self abydeth for socours he shall tary yf he be not able hauyng alweyes gode kepe and gode watche / and to see that althyng be redyly prest at hande / to thēde that at theyre mete or by night tyme they be not ouercome vnbeware / For as the mayster sayth / in moost surete / is ofte woned to fall grete peryll / And therfore ought the hed captayne yf he see hys tyme to assaylle hys enemyes whyle they be at mete or a slepe / or ellis when they be traueylled and wery of the waye / or ellis when theyre horses taken theyre pasture & theyre fode / whan they thynke to be moost sure / For to them saith he that be so ouertaken / neyther vertu nor strengthe maketh noo force to them nor multytude of peple may not proffyte hem / But hym that hys ouercome in a bataylle / How be it that hys wytte in the arte and vse of armes / myght not that tyme profyte hym / Natheles in hys wrathe he may complayn vpon fortune But he that vaynquysshed is [Page] or hurt by the subtylnes of his ennemye / can blame noon / but onely the deffauwte of his owne self / For he myght haue eschewid hys hurt yf he had be as kepefull and dyligent to kepe hym self / as his ennemye was for to make a surpryse vpon hym / O how wel shewed / that of wyse assayllyng or sawtyng & was a mayster / yt valyaunt scipion of affryke whan that he so moche dyde / that he fonde a waye and a meane by myght / that al the lodgys of hys enemyes were sette al on a fyre / and soone after ranne vpon hem so sharply that they wist not wher at they shuld a wayte nor take kepe / and thus they were dysconfyted more by abaysshment than by armes And this purpoos of espyeng of enemyes vegece sayth that much proffytable a thyng it is in an ost to haue wise espyes that can wel fynde the wayes to lerne and vndrestande the couuyne of the aduersaryes / For suche can entremette hem self by yeftis or grete promesses and by subtyl wayes to drawe to them somme or many namely yf they may that be of the counseyll of that other partye so that they knowe what is theyre entent and purpoos for to doo / And by thys may the chyef captayne / see what it is best for hym to doo / And wyth this saith yet vegece that muche it proffiteth to fynde wayes who may / to make discē cyon emong the enemyes / and that they dysdayne to obeye to theyre capytayne / of whyche the condicyons men ought for to knowe / & to take hym who may thrughe hys owne maners of dealyng / & herof ought the wyse capytayne to be wel aduysed / for noo manere of nacyō how litel that it be can not in all thyngis be putte a doun by enemyes wythout it be that dyscencyon and debate hap to fall emōge hem self & sēblably the duc or captayn that so shal sende out his espyes shal take gode kepe yt he hīself be not nor his couine discouerd [Page] and ther fore right al thus as they that goo by the see that know not the paryllous passagis that be there in dyuerses placis & costes of the same wyl haue all suche parellis paynted in parchemyn or paper for to eschew them as they shal saylle / So in lykewyse the captaynes and leders of oostis ought to knowe the wayes & the passagis the moūtaines / the forestis & the wodis the waters the ryuers and the narowe passagis / where as they must passe / And how wel the gode captayne be wel enformed of all this / yet for fere of fallyng in this caas / he shal take with hym yf it nedeth suche of the countre to lede his oost that can the wayes wel / The which so taken wyth hym / shal make them to be so wel kept that they may not scape to thende that they haue noo space yf they wold to betraye the oost / Soo shal he gyue hem money and shal promyse hem a grete reward yf wel and truly they lede hym and his oost / And by thretnyng he shal also [...]raye hem yf they doo the contrary / And straytly shal commaunde the hed captayne to them all that be of his counseyl vpon theyre othe that they shal vttir nor say what waye he purposeth to goo / nor where he thynketh to lede his oost nor what his purpoos is to doo / For vnnethe wythout ony traytours is ony oost / And harde it were that there as grete quantyte of folke is gadred to gidre namely where grete foyson of strangers be that they alle sheld be of a gode co [...]ag [...] / But he oughte to [...]orte that noo thyng of lesse suffraunce is in the world to pryncis / lordis / and heed captaynes of an oost [...] Than they that be knowen suche / euyll reward they ought to haue for what soeuer trayson that they doo / wel shewed this the romayns to them that traytoursly slew. Centoryus theyre lord / by cause that [...] it he was a [...]ommayn he had made grete werre ayenst [Page] them of rome for despyt and enuy that he bare to other prynces of the romains / But whan the traytours cam for to haue & receyue theyre reward / dethe was to them [...]ouen for theyre payement / and was told hem that suche reward ought to haue al suche traytours / It is semblably wryton that king alexandre dide so to them that thought to haue a plesure of hym that slew king darnis theyre lord With this he shal cōmytte also suche of his that be gode & true and wel horsed to serche a fore & there for to take kepe that the oost [...]e not aspyed & watched / And vegece saith that [...]spyes must be sent a fore as though they were pylgrymes or labor [...]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 [...] [...]tourment and peyne doon to them / of tymes shewe [...] they knowe of He shat not be noo pren [...]z also in [...] his oost when he departeth in fayre ordenaunce [...]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 par [...] shal [...] most part of his ost / and shal ordeyne and commy [...] [...] other [...]ety captaynes / that be in the forewarde [...]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 theyre [...] fleyng out a brode wyth the [...] shal [...] the [...]rryere garde by semblable [...] saith that the ca [...]ti [...] and bagage [...] [Page] 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 som̄ 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 theyre 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 som̄ syknes for fawte of reste / wherfor he must see to departe at a couenable owre / so that they may com̄ to lodgyng er the nyght com̄ 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 som̄ 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·
[Page]IT falleth somtyme so that an ost must passe ouer grete watres & ryues which thyng is grete acombraūce 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 yt be donuwardis they may kepe vp them that ye 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 the [...] watre that they may be stedfast / And by suche manere of wayes they may passe hem self ouer lyghtly [...] but dyu (er)se other [Page] 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 de [...]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 theyre 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 ye 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 fonde as for nede al suche wayes of makyng of brydgis / And yf it happed that they passed [Page] ouer on the myght by the moue lyght or ellis so secretly that the enemyes can not knowe nothyng therof / they must assoone as they be past arme hem self and putte hem self ayen in gode ordynaunce that they be not ouertaken vnbewarre And kepe forth on theyr way with a fayre lytel paas by suche an ordre that yf eny enemyes com vpon hem they may be able and redy to bere more peyne and suffre more perell than they can gyue hem / But yf they may eschew hem by mountaynes and leue theyre enemyes vndrenethe it is a grete auauntayge and surete for them / And yf it be soo that they fynde the wayes narowe by combraunce of busshes and hedges it is bettre / as vegece sayth that they cutte hem and open hem a brode wyth theyre handys for makyng of the way / than that they shuld abyde or suffre grete peryll in the hyghe and brode wayes
¶Here speketh of the maneres that the chyef captayne of an ost ought to hold & kepe whan he thinketh to have shortly a bataylle ¶Capitulo xviijo·
After that whych a boue is sayd must be here spoken of certayn poyntis / aduyses and wayes that to a captayne / are gode to be kept that tyme he supposeth to receyue soone a bataylle / after the boke of armes and other auctours that haue spoken of thys matere / And it is to wyte that when men fele theyre enemyes commyng wylling to ouer renne the lande / they ought not yf they can to suffre hem to entre the countrey / but shal go axenst them wyth a grete oost / For muche bettre it is to hurt anothris lande than to suffre his owne to be dommaged / Whan a captayne thēne is com̄ to that place as he thinketh to haue shortly [Page] Anthiocus of Europe / that is to wyte by nyght whan theyre oostys were traueylled and lacked rested / And noo kepe they toke of them self / the whyche rommayns beyng but a fewe in quantyte slew more than / lx / thousand of the forsayd two kyngys men as thistorye recounteth / ¶And vegece sayth that where a bataylle is doon in two or in thre owres after whyche al manere trust and hope is goon from that partye that is ouer come / And by cause that the fortune of the vyctorye can not be knowen of afore / The wyse captayne ought not to putte nor vaunce forth hym and hys men lyghtly to a bataylle in a plain feld but yf he see that it be to hys grete avauntage / And that a day of bataylle sette / is to be dradd and redoubted as a thing that is putt in a grete I [...]opardye / Wel it was assayed and prouyd of the rommayns that tyme they had sent theyre grete oost in to hyspayne that tourned rebell ayenst hem / Where as of the bataylle whych they founde there redy ayenst hem remayned not of hem alle one personne that myght reporte the tydyngys to rome / but knew hyt a gode while after by strangers / ¶Therfore ought the Duc to hurte hys ennemyes lytel and ofte by fayre scarmysshes / by watches / and by busshementys / ¶And by suche waye to mynushe them day by day as muche as he can / ¶Item he saith also that whan it happeth that prisonners be taken duryng the werre in scarmyshyng or otherwyse / men ought to entreate and fare so fowll with them that thei be putte therby in despaire of theyr lyffe Yf hyt be so that they that so haue taken hem / Awayte after the bataylle / by cause that theyre ennemyes hauyng noo trust to fynde nother pyte nor mercy in them yf they were vaynquysshed of them / shuld deffende them self and [Page] fight more corageously for theyre lyffe / For many a tyme it hath be seen that a lytyl quantyte of men thus desperate of mercy and pytie / dyscomfyted and ouer cam a grete and a mughti oost / by cause that they wold rather dey fightyng / than to fall in the cruell handys of theyre ennemyes / ¶And so it is a grete peryll to be fight suche men / ¶For theyre strēgthe groweth and doubbeth wyth in hem ¶Therfore ought the Duc or captayne sayth he to vndrestande and knowe as a rygtewys Iuge doeth the trouthe of a matere or he gyue hys sentence / Alswel the strengthe as thaduauntage that hys enemye hath ouer hym and how and wherrof he may hurt hym / wherupon he shal take wyse counseyll to wyte what he hath to doo / ¶For by this manere of waye hath of tymes a small quantyte of folke that ledd werre by wyse captaynes / ouer come a grete multytude as it is sayd bifore / ¶But yf it happe saith vegece / that thyn enemye presse the muche for to gyue hym a day of bataylle and that he hasteth to be fyght the / take hede whether it is at hys aduauntage and to thy hurt and dommage / but doo nothyng nor medle not but yf thou see thy tyme
¶ Here sheweth the manere of behauyng that a chyef captayne ought to holde yf hyt happe that he wyl departe from the feld witout abydyng or gyuyng of eny bataylle / ¶Capitulo xix /
BVt we putte a cas / that the prynce hap to sende worde to the captayne that he tourne agayn wytout gyuing of eny bataylle nor that he make no more adoo / or that the chyef captayne wold take hym self vpon hym for certayn cause to leue the feld / it is to consydere & to see what manere [Page] be sure / Thenne shall come out vpon hem they that be in busshementys sette for theym and by grete vertu and strēgthe shal hurte and domage hem / ¶And how so euer it is He that departeth from hys ennemye ought by al manere of wayes to puruey / that yf he be chassed and folowed / that they that chasseth and pursiewith hym haue som myshap at his retourne ageyn / eythre by settīg of a watche for them or ellys by som other manere / ¶And yf it nedeth them that shal make chasse after the to passe ouer som flode or ryuere / leye thy watche so for theym that they that shall passe first may be ouer ronne by thy men / and that another partye of thy peple be putte in a busshement at the bac syde of thim enemyes yf thou can for to sawte them that yet awayten for to passe ouer the ryuere / And yf thou nede thy self for to passe thrughe woodis or by som narowe wayes see that thou sende a fore som personnes of the oost that be feithfull and true that can reporte vnto the / the pathes and whether eny busshement be there layed or not / For a lesse shame it were to receyue a dommayge in fightyng openly wyth hys enemye / than to haue eny combraunce & lettyng by som awaytyng sette / wherof men had take noo kepe vnto it thorughe necligence /
¶Here sheweth how the hed captaine of an oost that falleth in a treatee of peas or taketh trewes with his enemyes ought to kepe hymself and his peple from suche peryls as he may be brought or fall in to by wylys & decepton̄ / C / xxo·
And to thende that no thīge that couenable is & expedyent to be putte in this our boke be not fogoten / as touchīg ye caasis yt oftentimes happen or y• may happe by faitꝭ of armes / it is gode to speke of athīg yt ouer moche may hurt [Page] & ouer sore an ost & yt may ouercome & hurte more / than doeth yrone or eny other thing / & that soueraynly is to be eschewyd and to take good heede vnto / the whyche thing is harde to be putte fro / whan it is ones sette in an oost / as it shal be declared herafter / ¶We haue deuysed al ynoughe how that an oost may departe more surely fro the felde yf cas be that hys best counseyll wyl not that he fyghte / ¶Now wol we putte another cas / that is to wytte / that bothe thostys be In a feld wyth a grete strengthe on bothe sydes and redy for to take a day of bataylle togyder / But by certeyn meanes they fall in a treatee of peas / ¶It is thenne necessary in suche a caas / That the captayne as we haue sayd by fore / be sage and wyse / so that he may w [...]rke al thingys to the best / ¶And for to folowe the waye that wysedome techeth / He shal first take hede to two pryncypall thyngys / ¶One is that he shal consydere / What the personnes be that treatten and what moeueth them therto / That other is / he shal be holde and see what and vpon whyche condycyons is founded and resteth the same trayttee / ¶What the demaunde whyche is doon to hym is / and what hys offre is / ¶As to the first of two it is to be aduysed yf they that so treaten ben hys frendys or yf he so reputeth and holdeth them / or whethre they be men of egall meane not parcyal nor synguler for nother of bothe partyes / or whether they be symply sent and admytted of that other partye / or not / Yf it be so that [...]it commeth by the symple motyon of that other part [...] it is a gode token / that noo deceyte be not wyth all For eyther god hath so inspyred them / or it appereth that they doubte fere ye batayll / but neuer themore for this / he shal be wel aduised of ye manere of theyre askyng with ye manere of theyre proffre [Page] thou be more proude therfore wenyng to haue hem at auauntage yf the bataylles happed to be / wherby thou woldest not fall to accorde / But rathre to be founde the harder For eny proffres that were doon vnto the / nay certeynly / For with peyne it myght be founde that euer it happed that they that refused iuste proffres what someuer ryght that they had nor what grete nombre of peple that they had ayenst a few folke / But that at the last they repented full sore / And it semyth that god in thys caas hateth them that suche raysonnable proffres comtempnen and reffusen / And punyssheth hem ther for / But herto thou oughtest to take hede for in thys lyeth the pareyl / that is to wyte / that thou be not deceyued by trayson thrughe false meanes vndre the shadowe of the treatyng of the peas / And how shalt thou know thys / For sothe I say that by coniectures thou shalt mow haue a colour of the doubte therof / Wherfore be thou alwayes vpon thy watche / Wherfor yf it be so / that the first moeuing of the trayttee of peas be comen of somme of thyn / thou shalt mowe knowe by the condycyons of hym / what the cause may be that hath moeuyd hym to speke therof / For yf he be wyse and a gode true man and that thou knowest hym for suche / thou oughtest not for to merueyll yf suche a man wold gladly see that a gode meane were founde that myght eschewe effusion and shedyng of mannys bl [...]de by som gode and worshypfull trayttye and that peas myght be had / ¶But yf he be a man that is not wont to fynde hym self in suche a caas / And that is of lytyl courage / thoughe he be malycyouse and a wel spoken man / thou mayst thynke that this commeth to hym by cowardnes & feblenes of herte / But not therfore thou oughtest not to putte his reasōs [Page] all a backe / But shalt see yf they ben gode and to thy profyt and honnour / Another thyng is to be consydered / that is that in heryng hym speke / that the waye of the treattye peax sheweth and counseilleth vnto the / thou shalt fele and see whethre the peax may bettre be & come to his proffyt / than the werre / And yf in his talkyng he peyneth hym self to putte the in wylle of makyng of a peax / the whiche for grete desyre that he hath to hyt / shuld not be vnto the wel honnourable / or yf it is ony couetouse persone to whom this may be made to be said by yeftes & promesses / To thees yf thou may hit knowe / thou ought not to adde nor gyue noo credence nor feyth / but shalt put them asyde yf thou be of theyre condicions suffysauntly informed / For an vntrue counseiller wyl neuer gyue gode counseil but yf it be to his singuler proffyt / but a true coūseiller seeth more to the comyn weele / than to his owne parcyall proffit / And now it is to the necessary duryng the traittye of peax / that lyke wise as the ambaxadours comen to the from that other partye [...] soo shalt thou sende ayen somme of thyn / Therfore thou must in this wel see that thou be not deceyued / For a grete parel may be thrynne but yf they be true men / For by suche wayes and by suche ambaxatours many cytees / land [...]s and royalmes as som tyme was troye the grete and other dyuers haue be deceyued by suche traytours ambaxatours feynyng them self gode & true / nor noo parel there nys lyke vnto the same / by cause that it is so hidd / that wyth peyne may noon kepe hym self how wyse that he be / from a traytour yf he hath entreprised to hurt him by treason / And therfore noo bettre remedy to this there nys but to sēde suche ambaxadours that be moost nyghe thy noble persone yf suche thou hast with the that gretly setten by thy deth and destruction [Page] so that he may haue bothe worship and goode fame therby and we euermore to be preysed and worshypped with hym for thesame / and that hys good grace we may please therby Soo haue we a good cause fayre lordys to sawte by fiers corage and to enuaysshe wyllyngly oure enemyes I dare wel saye For they be in the wronge / and so is god wyth vs wher fore we shal ouercome them wythout faylle without the defaulte be in vs / and therof I make you sure / Now be ye wyllynge thenne my dere frendes euery man asmuche as he may / to do so wel that I may haue a cause to reporte by you that whyche ye shal be the bettre for / ¶And as to me I swere you by may faythe / That whosomenere shal bere hym selfe wel nowe of whatsoeuere degre that he be of / I shall so gretly Rewarde hym that he shal 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 [Page] 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 theyre conquestes and proyes to theyre men of armes / And for them self it suffysed to haue onely the honoure of the bataylles / and therfore they dide wyth theyre 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 [Page] 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 theyre 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 [Page] 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 theyre 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 theyre capytaynes that haue among hem theyre 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 shalbe 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 [Page] arraye by a fayre ordre / And behynde thys bataylle ben fayrely putte the yomen on horsbacke that helpen theyre 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 vpon good coursers whyche ben full redy on the syde for to com and breke wythe courses of horses thordynaunce of the enemyes as they shal be renged and assembled togyder / ¶And therfore the bataylle is often tyme wonne by them that best can shyfte and deale wythall / ¶And where thys manere of rengyng of an oost is moost couenable / yet som that ben experte in armes doo counseylle / that whan men haue noo grete quantyte of comons but haue for the moo parte all men of armes / that all the holl assemble be putte togyder onely in one bataylle wythout noon other forwarde nor arryeregarde but onely the wynges of the fronte of the bataylle as it is sayd a fore / and sayen that more surely they fyght soo / ¶And thys manere was kept at the bataylle of rosebeke where as the kynge of Fraunce Charles the sixth of that name had the vyctorye ayenst / xl / thousend Flemyngys / and semblably it was doon but awhyle a goon at the bataylle of Lyege where as Iohan duc of bourgoyne that son was to phylyppe the [Page] son of the kynge of Fraunce with a smalle quantyte of his men was vyctoryous ayenst / xxxvj / thousand Lygeoys /
¶ Deuyseth yet the manere of rengynge of bataylles / ¶Capitulo / xxiiij /
Howe be it that it is sayd here by fore and after of the maners of fyghtynge and of rengynge of an oost / sayen thauncyent that of thys matyere haue spoken that the best manyere to gyue a bataylle is in roundnes and that men putte many bataylles in the fore fronte / and at that syde that they knowe theyre enemyes shall come they shal kepe hem self by gode ordynaunce wel nyghe clos togyder / and wyth peyne shal they mowe be ouercome nor desconfyted thoughe that theyre enemyes be moo than they [...] And yf it fall so that the aduersaryes be of lesse folke / the bataylle ought to be then ordred and made in manere of a hors shoo / and thus saythe he thou shalt stoppe hem aboute yf thou goo to hyt wysely / And yf the other be foyson of folke ordeyne ye the bataylle as wyth a sharp ende before for to perse forth / But late the capytayne be wel aduysed sayth vegece / that at that same owre that the bataylle shall assemble he chaunge not thys manere of ordre nor lede not bere nor there noo nombre of peple ont of theyre ordynaunce / For that were for to destroye all / and shold putte trouble in hys bataylles / Nor nothyng profyteth more in a bataylle saith he / than to kepe the ordre that ought there to be kepte wyth the interualle or dystance that ought for to be betwix euery rowe / For men ought to see by grete cure that they ouerpresse not eche other / and that they also large not nother [Page] ye one from that other but shal kepe themself in couenable ordre togider / For they yt were to nyghe eche other shuld lese theyre strokys and theyre fyghtyng for lacke of more rowme and space & that one shuld so lette that other / Also they that were ouer large ordred shuld gyue to theyre ennemyes an entree thrughe theym self / And so were they in parell to be broken and sparpeylled a brode / Wherof the fere that they shuld haue to see theyre ennemyes so comen wythyn them / shuld yelde hem as dysperate and loste / ¶Yet sayth vegece / that by fayre ordre ought to make an yssue in to the felde where as the capytayne by dyuerse tymes shal haue putte hem in ordynaunce for to shew vnto theyme / how that they ought to maynten and be haue hem self when the bataylle shal come in hande / the fyrst bataylle so ordred as it ought for to be / and the seconde bataylle after and the other so that the ordynaunce be in euery poynt kepte as it is sayd by fore / And som capytayne sayth he hath had a manyere to tourne theyre bataylle in a square and syn in a manere of a tryangle that men called at that bersuell / ¶And thys manere of ordynaunce hath proffyted muche in bataylle / And whan eny grete strengthe of ennemyes dyde comme vpon hem / they putte hem self in a rounde and the best to the formest rowe and so kepte theyrs that they tourned not for to flee and that they were not ouer charged wyth to grete a dommayge / ¶And a manyere had the auncyent that they putte neuer al theyre folke in one assemblee / but made many bataylles / to thende they that were fresshe shuld comme for to socoure & helpe theym that were wery / And bythys waye with peyne they myght be dysconfyted all for that whiche one bataille loste / that other bataille recoured hyt ayen [Page] ¶Neuertheles al dedes of bataylle ben doon at alaventure / wherfore noon ought to trust therto in hope to haue the bettre of hyt by cause that often tymes it falleth al contrary to that / whiche men thought a fore / ¶ Example herof / For who shuld euer haue trowed that that of the [...]yght grete oostes and grete assemblees of men of the Cartagyens / and of the rommayns that werred eche other / shulde the slawghter and occysyon be soo equall in a bataylle / that ones be felle bytwene hem / ¶For there abode not one man a lyve of neythre of bothe partyes / ¶Item he sayth / that that day that the bataylle must be It is couenable for men for to ete lytyl to thende they haue a longer breth and that they may be the more lyght and more moeuable / But som goode wyne ought men to drynke who that may / by cause that the wyne moevyth the spyrytes and the strengthes of man so that it be mesurably taken / ¶And it happeth of tymes sayth he that almost all the corages of men are troubled in hem self whan they shal goo to the bataylle / but to theym that be fyrst chaffed and angry is the force and hardynes encreced wythyn hem / and doo forgete al parell / ¶And therfore the wyse capytayne for to gyue a cause vnto hyemen to be more fyers and hardy / ought for to haue had them fyrst at a scarmysshe ayenst the aduersaryes to thende that for the strokys and sorys that they haue receyued of them they may be in anger and chaffed vpon them ¶ And yet he sayth that the lasse wyse and the lasse bolde are wont for to gyue vp the escr [...]e by fore that the bataylle be bygonne Whyche thyng ought not for to be doo / ¶ But the callyng and the scry ought to be wyth the fyrst strookys / ¶ The auncyent had a [Page] respecte in thassemblyng of theyre bataylles that the men of armes were not made a ferde in bataylle by the scrye and alarme that the landysshe peple or comons maken som tyme / ¶And therfore they instructed and aduysed them therof by certeyn sowne of a trompette / ¶ Also thoo that be not excersyced in armes nor lerned Redoubten sore the bataylle / And therfore the boke sayth / that suche men ought to be occupyed in other thynges than in fayttys of werre / ¶For thoos that neuer sawe noo man kylde nor noo shedyng of bloode they are a ferde to see hyt / And for thys cause whan they ben atte hyt / theyre thoughte is more to flee / than to fyght / and thus they may lette more / than doo eny auayll atte lest yf they be not put vndre the Rule of som good captaynes / ¶ Som saye that they ought to be putte by fore all the other to gyder / And som sayen nay / but ought to be medled emonge the goode / ¶Yet agayne / for to speke shortly by recapytulacyon of that that is couenable to be kept in the ordynaunce of bataylles after the teghyng of the noble auncyent / ther ben seuen thynges wherupon the gode capytayne ought to take kepe vnto / ¶The fyrst is that he haue take fyrst the aduauntayge of the place yf he may as it is sayde a fore where as he shall haue sette hys peple in fayre ordynaunce / ¶The seconde / that they be at the one syde of them shelded or paueysed with hylles that nought may lette them / or ellis with the see or wyth a ryuere or som other thynge that shall lette that noon ennemyes shall conne come vpon them of that syde / ¶The thyrde / that they haue nother sonne nor wynde that can combre theyre fyght wyth pouldre or glysteryng / The fourth yt muche couenable is to [Page] them that they shal knowe yf they can the astate of theyre ennemyes / What nombre of peple they haue whiche waye they comme and in whyche array / ¶And what ordre they kepe / For after the knowlege of the same they may ordeyne and sette hem self to the best for to abyde and to receyue them / ¶The fyfthe / that they be not mated nor traueylled nor made the more feble for honger / ¶The syxth that they muste be al of one corage and purpos for to kepe the place / and to be wyllyng rather to dey than for to flee awaye / ¶And thus suche men shal not be brought lyghtly vnto noo manere of dysconfyture / ¶And the seuenth is that theyre ennemyes knowe not what theyre entencyon and purpoos is / nor what they thinke for to doo / nor what cours they wyl take / ¶Neuerthelesse after that / that it is sayd a boue the falles and the aduentures of the bataylles ben wondrefull and merueyllous / For hyt happeth at suche a tyme as god wylle helpe that one partye and nought that other / ¶As it dyde fall that tyme whan the rommayns fought som tyme wyth the two myghty kynges of Oryent Iugurta and Boctyus / ¶For at that tyme as the hete of the sonne was so brennynge boot and so feruent that almost hyt smoldred the rommayns / sodaynly rose vp awynde so myghty and so grete that the archers shot / of whyche thees two kynges had foyson / had as almost noo vertue / and syn came a rayne that refresshed al the rommayns whiche thyng was contrary to ye other by cause hyt slaked the cordes of theyre bowes / & theyre elephantes wherof a grete plente was there whiche is a beste that can not wel suffre wet nor watre a boute hem / myght vnnethe moeue hem self & ye girdell that helde vp the castell vpon theyre backes were also slaked and the castelles charged [Page] wyth water that sore combred them / ¶And by thys manere of waye the Rommayns that al redy had recoured theyre strengthe by the refresshyng of the rayne / dyde envaysshe so vygourously theyre ennemyes / that how be it that they were muche lasse in quantyte of peple yet they obteyned and had the victorye /
¶Deuyseth after vegece of vij maneres of arrengyng of an oost and of fyghtyng ¶Capitulo / xxvo·
Yet after vegece in hys thirde boke in the eyght and twenti chapytre there ben / vij / maneres of wayes how an oost shal fight in a felde and vij maneres of ordynaunces of bataylles / the whiche wayes and manere how be it he gyueth hem derkly ynoughe for to be vndrestanden / but onely of suche that ben excersyced in thoffyce & maystrye of armes they ben declared here as foloweth / The first manere of rengynge of folke in a felde is that whiche is to be made wyth a longe fore fronte as men doo nowe / but this manere of way as it is said is not ryght gode / by cause that the space of the grownde muste be longe and that the oost be al stratched in lengthe / and hit happeth not alwayes that the place of the felde is founde propyce nor mete so for to doo / ¶And when there ben dyches or dales or som euyll pathes the bataylle is lyghtly broken by the same / And wyth this thaduersaryes yf they be eny grete nombre of folke they shall goo to the ryght syde or to the left syde and so they shal enuyrone and close the bataylle a boute wherby many a grete parell may be fall / as thauctour sheweth that saythe that if cas be that thou haue more foison of peple than thin enemye hath / take of the best of thy folke & enuyrone thyn [Page] aduersaryes yf thou may wythin the bosom of thyn ooste / Te secunde manere is beste for yf thou ordeyne by the same a fewe of thy folke mooste valyaunte and wel assayed in som place covenable thou shalt mowe haue lyghtly the victorye / thoughe thyn enemye hath more peple / of the whyche manere the waye of fyghtynge / is suche / that whan the bataylles comen for to assemble togider / thou shalt chaunge thenne thy lyfte wynge from hyr place in to another to thende that thou mayste see ferre vnto the ryght cornere of thyn enemye / and thy ryght wynge thou shalt Ioyne wyth the lefte wynge of thyn aduesaryes / and there by the best men of thyn ost thou shalt begynne the bataylle sharply and stronge / And by grete strengthe bothe an horsbake and on fote / the sayd lyfte wynge of thyn enemyes shal be assaylled of thy men that shal goo a boute shouynge and rennyng vpon tyl that they comme at the backe of thyn enemyes / ¶And yf thou mayst ones departe a sounder thyn enemyes that ben so comyng vpon thy folke wythout doubte thou shalt obteyne the vyctorye / ¶And that one parte of thyn ost that thou shalt haue withdrawen from the other shal be sure / ¶Thys manyere of bataylle is ordeyned after the lykenes of thys lettre / A / And yf thyn enemyes ordeyne theyre bataylle after thys manere of waye and make yssue fyrst oute / then shalt thou putte thy men in a longe rowe that shal marche forthe all of a fronte wyth thy wynges all in a gode ordynaunce atte the lyfte corner of thyne oost and by thys manere of waye thou shalt wythstande thyn ennemyes / ¶The thyrde maniere is lyke vnto the seconde and noo dyfference is there betwene / But that thou muste sette fyrst wyth the lefte corner of thy bataylle vpon the Ryght corner of thyn ennemyes [Page] ¶ And yf thy lefte wynge is bettre than thy ryght wynge / than shalt thou putte with hit som ryght strong and best fyghting men bothe on horsbake and on fote and see that thou first of all whan it commeth to assemble togider hand to hande / that thy lyfte / wynge be Ioyned and sette vpon the ryght wynge of thin enemyes / and asmuche as thou caust / putte from the a backe ye ryght hande of thyn aduersaryes / and make haste for to enuyrone theym / And that other parte of thyn oost whyche thou knowest not so stronge / dysseuere theym asmuche as thou caust from that other contrary wynge / so that sperys nor dartes may not lyght vpon theym / And thou muste take kepe that thyn enemyes make not a plowmpe of theyre folke to entre and breke thy bataylle in trauers / In thys manere thenne men fyghten profytably / and in specyall yf the fall happeth that the lefte corner of thyn enemye be of lesse strengthe than is the thyne / The fourth manere of fightyng in a felde is suche whan thou shalt haue ordeyned thy bataylles with foure or fyue hondred fyghtyng men / or euer thou make eny approche vpon thin enemies thou shalt so sodaynly doo moeue thin oost secretly with bothe thy wynges in a gode ordynaunce / that from bothe the corners of thyn enemyes as nought purueyed shal be constrayned for to tourne theyre backis and flee awaie / and yf swyftly thou caust do so thou shalt haue victorye / But this maniere / al be it so that thou haue men ryght stronge and wel excersiced in armes / I holde hit peryllouse / For yf the half of thy bataylle is constrayned to desseuere and departe thyn oost in two partyes / and that thyn enemyes be not ouercome at the first comynge on they shal haue occasion to assaylle thy men of armes that thus ben deuyded / ¶The fyfthe manere of fyghtyng is [Page] lyke vnto the fourth but so moche more it is / that ye archers and they that ben lyghtly armed shalbe ordeyned by fore the fyrst bataylle / to thende that they be not broken out of ordynaunce / And shal also assaylle & enuaysshe wyth the ryght cornere of hys bataylle / the lefte cornere of hys enemye / and wyth the lyfte the ryght / And yf thou mayst do so / thou shal soone ouercome theym / But the myddell bataylle is not in peryll by cause it is deffēded by them that ben lyghtly armed and by the archers / The sixth manere of fyghtynge is right gode and almost lyke vnto the seconde / And with the same are wont the good fyghters to helpe semself in hope of vyctorye how wel that they be but a fewe folke for to ordeyne wel theyre bataylles / The bataylle of the enemyes thenne al renged in a rowe / thou shalt Ioyne thy ryght cornere to theyre lyfte / & there thou shalt begynne the bataylle wyth the best men that thou hast on horsbacke and a fote / And that other parte of the ost shal folowe of ferre the bataylle of thyn enemye / the whyche parte shal be spred all streyght / and yf thou canst come to the lyfte wynge of thyn enemyes they muste nedes tourne theyre backys / and thaduersary may not be socoured of hys ryght wynge nor wyth hys myddle batayll he can not helpe the other / For the taylle of the ooste is exceded vnto the lyknes of the moost long lettre / L / & fro ferre hyt departeth from hys enemye /
¶Of the same ¶Capitulo / xxvj /
THe seueth manere of fyghtyng is whan the rowme & the place is propyce for hym that fyrst taketh the feld that is to wyte yf thou hast a place where as at the one syde of hyt thyn enemyes can not come / as it is sayd for cause of the see / or of flodes or of montaygnes / mares grounde or other lettīgis how be it that thou haue good men and well [Page] renged in bataille by gode ordynaunce / And at that syde of the place where as noon suche lettyng is / thou shalt putte thy men on horsbacke / and thenne fyght surely yf thou be assaylled / For by the sayd lettyngis thou arte kept sauf of that one parte and lyke wyse of that other parte by the strē gthe of them that be on horsbacke / And it is to be take hede vnto / what syde that thou wylt fyght / that thou putte fyrst the moost valyaunt men / And for eny lytel quantyte of peple that thou haue be not dysmayed therfore / For vyctorye hath wel acostumed to be had of fewe fyghters / so that the wyse duc ordeyne them there as proffyte and rayson requyreth and it is to wite that namely thesame tyme they holpe hem self in theyre bataylles by dyuerse maneres of engyns and wyles for to breke the bataylles / at it is sayd here before / as of oxen that had the fyre sette vndre theyre taylles that were chassed towardis the partye aduerse / And namely also they vsed at that tyme wyth semblable engyns as ben thoo that now be called Rybawdekyns / For euyn thus were they sette vpon awhele and a man withyn as withyn a lytyl castell that was made al of yron / and shot with a gonne or with arbalaster / And had at euery syde of hym an archer / and sharp yrons were dressed to the foresyde of thesame engyn / as hyt had ben sperys / And wyth the strengthe of men or of horses made many of suche engyns to entre al attones wythyn the bataille of the enemyes /
¶The ordre and the manere that the capytayne ought to kepe whan good Fortune is for hym ¶Capitulo / xxviij
SOme that knowe not wel the tournes of armes wene for to helpe hem self in a bataylle wyth closynge of theyre enemyes withyn a certeyn compace of a [Page] place / or by enuyronnyng of hem rounde a boute with multytude of folke so that they can not yssue out by noo waye / but this doeth moche to be doubted For hardynes groweth wythyn the hertes of thoos that ben so enclosed a boute / by cause that the more that they thynke hem self but as for ded or ouercomen hauyng noo hope to come nor escape out they wol selle full dere her owne flesshe / or they be take And therfore was the sentence of Scypyon preysed that sayde / that men ought to make awaye to the enemyes where thrughe they may flee / and to putte abusshement where as they shal passe fore by / For whan they ben so sore ouerpressed and see awaye where they may go out yf they wyl / they wol soone take hyt and putte hem self to flyght trowyng to be sauffe therby and thenne they may be bettre thus slayne / than in deffensing of them self / And many caste fro them theyre armures & harnoys for to flee more lyghtly / and thus they ben slayne as bestes by them that chasse them / And the more grete multytude that they be / the greter is theyre confusyon / For noo nōbre ought to be sette by there as the corages ben for fere dyscomfyted al redy / The wise men of armes sayen that whan a good fortune cometh to that one of the two partyes so that she ouercometh that other partye in bataylle / men ought for to pursyewe styl hys good fortune al vnto the ende while that she endureth and that the enemies ben assaylled / and not to be ouer ioyfull nor so proude for sō what of victorye that is had at the begynnynge / that men leue all wenyng to recouere hit of lyght agayne / as many haue founde them self deceyued therby that neuer syn conde happe to haue hyt / for a wittenes wherof may be taken hanibal the whiche yf he had goon after the bataylle of Cannes streyght to rome he had taken hit withoute gaynsayng [Page] of ony man / For the romayns were so affrayed and so full of sorowe for theyre grete losse that to gaynsaye at that owre they durst not / but he that wende to retourne there at hys pleasure when it shold please hym / and that wayted but onely to dyspoylle the countre a boute from al manere of ryches cowde neuer syth com therto how wel that he forced hym self wyth al hys powere so to doo /
¶Here sheweth another manere of waye that the chyef capytayne ought to kepe when that the fortune of the bataylle is ayenst hym / ¶Capitulo / xxvijo· /
NOw is there another poynte / that is to wyte / yf one parte of the oost ouercometh / and that other parte fleeth / that parte that kepeth & abydeth stedfastly / may truste to haue the vyctory / For dyuers tymys it hathe be knowen that they that men helde vndre haue goten the felde at ye laste / Therfore ought suche pepl̄e to reyse hemself by callynge of mouthes & by sowne of trompettes wherby they may moeue & brynge the enemyes in to affere in comfortyng of hemself / as thoughe they were vyctoryouse in euery parte of theyre oste / And yf it happeth that the myscheffe be thrughe al thyn oste / neuerthelesse thou ought to seke a remedy therū to / for fortune somtyme hath recouered to theyre aboue many one that fled awaye / And the wise men of armes sayen that in fayttes of a playne bataylle the capytayne ought to be purueyed and aduysed how he shal gadre agayne to gyder his folke / as the goode pastour doeth his shepe / for how be it that they al begīne to flee & renne awaye he ought to be awaytyng with al his power for to saue theym that be so ouer come & to withdrawe hem about hym in to som cornere of a waye / or vpon a hille yf eny be nyhe hym / or in to som other sure place / & yf he may thus gadre togider ayen som quātyte [Page] of valyaunt men in good ordynaunce of array they shal mowe greue full fore theyr enemyes / for comonly it falleth that they that pursyeue the chasse folysshly & that be out of ordynaunce here & there / ben soone putte to flyght yf theyre aduersaryes werke wisely / And thus are slayn they that chassed fyrst / and noo gretter confusyon may come a monge hem / thenne whan theyre pryde & fyersnes is so chaunged & tourned in to a drede / And therfore what someuere aduē ture that falleth men ought to recomforte and redresse by couenable exortacyons theym that ouercome / & to brynge hem togider ayen / and to garnysshe the rowmes ayen with new men & harnoys yf men can / And a souldayne helpe beh [...]th thēne to be thoughte vpon the soudbdayne aduenture that come / That is to see how a watche shalbe so sette that the ennemyes that haue folowed theym may be recontred in som place / And thus by the good capytayne shal the fere of them that rēne awaye be tourned in to boldnes for to wythstande & pursiewe yf nede be / Wherfore the good capytayne ought neuere to dyspeyre hym self of what soeuere a fortune that cometh to hym yf he be wyse / For oftymes it falleth that thurghe a good hope of propyce fortune / they that trowe to haue wonnen all / arreyse hem self in to arrogaunce Wherby not so wisely as they shold doo they sette vpon theyre enemyes the whyche that be wel aduysed receyue them wyth grete courage and beteth hem / And by this ought the goode capytayne to see vpon all suche falles that mowe happen [...] by cause it hath happed ful often as it is sayd that they that were ouer come and chassed / had soone after the vyctorye vpon theyr enemyes / And to knowe that it is soo / the fall of the rommayns sheweth hyt al ynoughe / whenne they were dyscomfyted at the bataylle of Cannes / whereby they [Page] at / as dysperate that they shulde neuer more be of power to recouere eny good hap or propyce fortune / wolde for sake theyre owne cyte / and chese in to some other partyes theyre place of habytacyon / But one of theyre prynces that ryght wise was & valyaūt kepte hem here fro sayeng that he shuld fyght ayenst hem yf cas were that they went / And thus he putte hem in hope of a bettre fortune / and assembled theym ayen al togider And of gadred folke he made many knyghtes / and with suche a power as he myght haue he went and assaylled hanybal that neuere had thoughte that he shulde haue doon soo / and thus toke hym vnpurueyed / & was at that owre so entyerly dyscomfyted that he neuere syth cowde haue vyctorye vpon the rommayns /
¶Here foloweth a short recapytulacyon of som thinges that ben sayd a fore / ¶Capitulo / xxix
TO recapytule shortly almost all the substance of that whiche vegece wyl saye in hys boke where as by epylogacyon in manere of prouerbys at the ende of hyt he sayth thus / Thou that wyl haue worshyp in armes / doo that the lore of yougthe lerneth the to be a maystre of the tournes & fayctes of knyghthode in thy parfyt age / For a more fayre thing it is to say I can thys & that / that to saye ha a why haue I not lerned / doo euere after thy powere all that may lette thyn enemye / and that may be profytable for the For from that tyme that thou ceasse to greue hym / thou hurtest & lettest thy self / doo soo that thou knowe the knyghtes or euere thou lede hem to the felde / For moche bettre it is to doubte hys enemye kepyng hym self vpon hys warde surely / than to trust vpon folke that men knowe not in a felde / and a grete surete it is for to calle hys enemyes that be ronne away who that may for they may hurte more sore the [Page] aduersaryes / than they that be slayne / And the capytayne with peine is ouercome / that with the hys and with his aduersary may help hym self / And bettre it is to kepe a syde al ynoughe and ayde besyde the bataylle y renged / than to make an ouer bygge bataylle hauyng noo socoure be syde it / for they that be wery may be holpen by them that comen freshly vpon to socoure theym / and more helpeth vertue / than multytude / And often is a rowme bettre than hys strength in a felde / A man proffyteth by laboure / and by ydlenes he wasteth / Late noo knyght be had nor l̄ed to a bataylle but that hystrust be to haue the vyctorye for yf he mystrusteth in his courage / he is as half ouercome / And the thynges that sodaynly be doon fere full sore the ennemyes / Who that foloweth the chasse vpon hys enemye vnwysely he putteth hys enemye in a hope to haue that vyctorye that he hymself had had fyrst Who that appareylleth not the bataylle in an oost he is ouercome without stroke / To kepe ordre in a felde as ryght wold / gyueth victorye bothe to the stronge and to the feble / whan thou knowest that the sydes of thyn enemyes are hydyng hem self a bout thyn ost / make thy folke to withdrawe within theyre lodgis / yf thou hast eny supecyon that thy counseyl be shewed vnto the enemyes / chaunge thyne ordynauce / Noo counseylles ben so good / as they wherof the enemies haue noo knowlage of vnto the time that thei be brought awerke / Aduenture gyueth often vyctory more than doeth force / Impossyble it is to Iugge to the certeyn the ende of the bataylle of whiche fortune dysposeth [...] Al that is contrary to thin entencyon thou ought treatte and shewe amonge many one / But thy propos thou ought to say or shewe vnto few folke / withdrawe towardys the / the hertes of straūgers by yeftes and by promesses / and chastyse thyn [Page] owne folke throughe thretnyngys / By cause that good capytaynes redoubtyng the fortune of bataylle are bothe to fyght wyth an oost assembled togyder / Grete wisedom it is to constrayne hys enemye more by honger than by yron /
HEre begynneth the table of the Rubrycys of the seconde partye of thys boke wiche speketh of the cawtel̄es or wyles of armes after frontyn that calleth theym Stratagemes / And of the ordre and manere of fyghtyng / and deffensyng of townes and castelles after vegece and other Auctours / And to gyue bataylle aswell vpon ryuers as / vpon the see
- ¶The fyrst chapytre speketh of Scypyon
- ¶Te seconde of maryus and of Certoryus /
- ¶The thryde of theym of the cyte of Boyaux of Hanibal and of Denys the tyraunt
- ¶The fourth speketh of theym of hyspayne / of Alyxaundrye / of Pyrre / of Laptenes / of Hanybal / and of other /
- ¶The fyfeth of menoles kynge of the Roodes of Scipyon of Certoryus of hanybal of Acoryolo and of Fuluyus nobylyus /
- ¶The sixth of Acoryolo duc of dace / of Fuluyus nobilius of pamondas duc of thebes / of Fabyus maxymus / of Scypion Affryckan the seconde / and of Certorius
- ¶The / vij / of the Lacedemoneus / of Iulyus cesar / of Papyrius cursor / and of Pompee
- ¶The / viij / of the grete Alyxaundre of Cesar augustus and of Crathes duke of athenes
- ¶The / ix / chapitre conteyneth of Symacus kynge of Macedonye [Page] / of Fabyus maximus / of Denys the tyraunt / of Alexaunder / and of Yphytrates
- ¶The / x / of Amulcar duk of Cartage of haymo Emperour of Affrycke of Hanybal and of Valeryus /
- ¶The / xj / speketh of Cesar of Domycyus of Cyuylius of Scypyon of Gayus
- ¶The / xij / of Hanybal of a kynge of Grece and of another kynge of semblable cas & of the romains that had nede of souldyours
- ¶The / xiij / chapytre speketh of the wyle of the romayns / of Quintius metellus and of Hanybal
- ¶The / xiiij / bygynneth to speke of the manere of besyegīg of townes & castelles and fyrst how they shuld be edyfyed /
- ¶The / xv / deuyseth of the garnysons that belongen to castelles and townes in tyme of werre
- ¶The / xvj / how a forteresse ought to be garnysshed and purueyed of fresshe watre
- ¶The / xvij / how it is nedefull that to the garnison of a fortresse be putte true men within thesame and sheweth hit by ensample
- ¶The / xviij / chapytre speketh of leymg of a syege and of assawtes enformed after vegece
- ¶The / xix / of an ordunaunce in leymg of a siege & of that whiche longeth for to sawte a ryght stronge place affter the tyme present
- ¶The / xx / deuyseth what powdres longen to gonnes and other engyns
- ¶The / xxi / speketh of certeyn engyns yt be called maūtelles
- ¶The / xxij / of the instrumentys that muste be had for to carye all suche thīges as bylongen to ye faytes of assawtes
- ¶The / xxiij / of the habyllementys that nede therunto /
- [Page]¶ The / xxiiij speketh folowyng of thabyllementys that be nedefull for the shot
- ¶The / xxv / of certeyn other habyllementes
- ¶The / xxv / gonnes and stones
- ¶The / xxvij / of other habyllementys or Instrumentes for to vndremyne /
- ¶The / xxvij / of the tymber that ought to be had for to make that whiche foloweth
- ¶The / xxix / of the werkmen & labourers that be nedefull for makyng of the forsayd habyllementes /
- ¶The / xxx / deuyseth of the vytaylles and habyllementes how they shal be conducted and the passages kepte
- ¶The / xxxj / chapytre speketh of certeyn establyshyngis
- ¶The / xxxij / devyseth the manere to stoppe the port of the enemyes
- ¶The / xxxiij / of suche engyns that ben couenable as vegece saith in fayttes of assawte
- ¶The / xxxiiij / begynneth to speke of sawtyngis of townes and castelles after vegece /
- ¶The / xxxv / sheweth the remedyes ayenst the forsayd engyns of assawte
- ¶The / xxxvj / of a remedye ayenst the vndermynyng of a Castel /
- ¶The / xxxvij / begynneth to speke of bataylles that be doon vpon the see
- ¶And the / xxxviij / chapytre devyseth of the garnysons thau ben couenable and nedefull for folke that goo to an armee vpon the see
¶Here foloweth the seconde partye of this presēt boke whiche speketh first of the cawtelles & wyles of armes Wherof the fyrst chapytre speketh of Scipyon
[Page]IN thys seconde partye that we haue deuysed after vegece pryncypally the manieres that somtyme helde the noble & valyaunt conquerours of the worlde in fayttes of armes duryng the tyme of theyre grete conquestes / by cause that they cowde well helpe hemself with moo than of one manere of werreyng / it semeth me good to thende that oure matyere may be yet more encreased and multyplyed alwayes to the proffyte of theym that pursyewen cheualrye / that we adde vnto thys matyere the wayes and the manyeres of the cawtelles / subtylitees / and wyles that the said auncyent conquerours vttred & helde in theyre dedys of werre [...] whiche subtilites and wylis are called by the auctours that haue therof spoken Stratagemes of armes / of the whyche Stratagemes made a boke a valyaunt man that men cle [...]ped Froncyus in whiche boke he deuyseth and sheweth the propre dedes of the forsayd ryght noble and worthy conquerours / the whiche to here may be of gode exsample to theym that fynde them self in suche a cas after the dyuersyte [...] of the auentures of armes / out of whyche boke we haue ex [...]stracted to oure proffyte som tytles / Thus thēne saith fyrst the sayd Auctour Froncyus that the worthy conquerour prynce and hed capytayne of the grete oost of the romayns Scypyon the Affrycan that all hyspayne / Affrike [...] and Cartayge dyde conquerre by the swerde / ones emonge other as he was wyth a grete oost vpon the feldes ayenst the kynge Syphax that semblably was commyng ayenst hym wyth a grete oost of folke / dyde sende toward the sayd kinge as by manere of ambaxade one of hys knyghtes named lelius with the whiche he comitted to goo som of his moost wise captaines in armes in manere of yomē or as they had [Page] be litel seruantes to thende that by all wayes they shuld see & aduyse wel bothe the ordre & the manyere & the quantyte of the sayd kinge syphaxs oost / whiche capytaynes as they were come there endeuoyred them self so wel y• nought they forgate but they toke good hede vnto and for to ouersee bettre all the oost they feyntly lete for the nones goo loos one of theyre horses as he had escaped & broken loos from theym wherby they folowyng after all a boute sawe playnly all that was in thesame oost and as wyse & ryght connyng in suche a cas marked al thynges full well / Wherfore after theyre retourne and theyre reporte made vnto theyre duke Scypyon that by theyre sayeng knewe that grete plente of stuble & of rede was in the sayd kyngys oost / fonde aweye that fyre was putte by nyght therunto in many places And this doon as the enemyes were besy & awayted for to socoure theyre lodgys from the fyre / he ranne vpon theym in a gode ordynaunce / And by thys waye full subtylly dyscomfyted theym vttyrly the sayd duke Scipyon /
¶Of the duke Maryus & of Xertoryus of dynlyus & of perycles / ¶Capytulo / ij /
MAryus ryght cheualrouse duke of the oost of the rommayns whan he was sette for to fyght ayenst a folke full fyers & proude that men named Tymbres or otherwise called Thewtoniquys / had in hys oost many souldyours out of Gallya / And to this propos for to ensyewe the techīg of the wise that sayth proue the man or ye truste hym muche / he wolde proue the trouthe and obeyssāce of the said souldyours of fraunce / his lettres he sent to them where as emōge other thynges deffēded & charged theym straitly that they shuld not open afewe lettres whyche were chosed within the grete lr̄es that he sent to theym vnto a certeyn day that [Page] was named therynne / but or euere the day was come he sēt agayne for theym & for thoo that were open / And where the sayd souldyours had trespassed his comandement he knewe that they were nat trwe to hym / wherfore he trusted theym neuer after in noo grete thinge / ¶Itē a worthy knight named xertornis conductour of a grete ost cam in to hyspaine where he had a ryuere to passe ouere / & where his enemyes folowed hym fast nyghe for to renne vpon hym at an narowe passage where he & his oost shuld passe ouere / he aduysed him self of a cawtele / he dide tary styl vpon the banke of the watre and made his lodgis to be made there in manere of half a cercle as in a compasse somwhat ferre fro the ryuer & was al made of bowes & of wode & syn made hit to be sette all on fyre / and while hit brenned thus he passed and his oost ouer the watre surely mawgre all his enemyes that myght not come to hym but they muste come thrughe the fyre / ¶Item dynlyus a duke of the romayns oost / where as he ones to boldly had auaunced him self in to the hauen of ye cyte of Cyracuse where hys enemyes were that for to close him therynne dyde heue vp the chayne / but whan he sawe this wel & fayre he cheuysed therwith / for the prowere whiche is the foremest partye of the shippe he made to be tourned toward the chayne syde / & the pouppe whiche is the hindermost partye of the shippe was toward the syde of the lande & thenne soone he made hys men to drawe them self all to the pouppe / and thus was the formest partye of the shippe light so that hit heued vp a boue & with strengthe of orys made a grete part of the shippe to leue vpon the chayne / & thenne he made hys men to goo ayen to the formest partye of the shyppe / And thenne was the hynderm [...]st partye of the shyppe heued vp / ¶ And thus wyth force of [Page] orys the shyppe passed ouer the chayne / And by this waye he scaped fro that parell / ¶Item perycles somtyme duke of Athenes was ones by theym of the cyte of Pelopenes that chassed hym / dryuen in to a place that was closed with hyghe & horryble montaynes & were but two yssues / and whan he saw this / he dyde doo make soone at the one of the yssues a grete & a depe diche as thoughe he dyde soo to thende hys enemyes shulde not entre vpon hym atte that syde [...] and at that other parte he ledde hys men as thoughe he wolde awayte to yssue oute there / And whan the enemies sawe thys by cause that they trowed not / that he wolde nor myght haue goo ouer the dyche awaye / they sette hemself for to haue deffended that other yssue lyke as they wolde haue besieged hym therynne / but perycles that malycyously dyde soo made soone good brygges that he had do make to be sette ouer the dyche / And by this manere he went hys waye wythout knowlege of hys enemyes
¶Of them of the cyte of Boyaux of hanybal and of Denys the Tyraunt / ¶Capitulo / iij /
IN the tyme of the conquestes of rome it happed ones that the oost of the romayns sholde passe by the forest that is called Latyne for to goo vpon the cyte of Boyaux And whan the dwellers were aware of hit they went soone in to the sayd forest & dyde sawe al tho trees by the waye there as they shulde passe by / so that a lytel thinge wolde haue brought hem doune / and after they had thus doon they hided hem self within the thykke busshes of the forest / And whan the said oost was entred therynne / they that were hydde lepte fourth / ¶And dyde shoue the trees that thus were sawed vpon the oost of the Rommayns so that a Ryght grete parte of theym were ther by feld adoune [Page] and slayne / And by al thus they were delyured quyt & free fro the said oost / And semblably thys was another tyme doon / ¶Item Hanybal prynce and emperour of Cartayge and of Affryke was alwayes wont to lede many elephauntes wyth hym in bataille / It happed hym ones that he muste passe ouere a grete watre and there was no way to passe hys elephantes / but he aduysed hym self of a subtylyte / He had in hys company a man emonge other that coude swyme ryght well and was full of corage bolde and hardy / to hym he comaunded that he shuld make angry one of the moost cruell elephantes that he had there / and whan the man had doon hys comaundement and had hurted sore the elephante / he ryght soone plonged hym self in to the watre / And thenne the grete beste full of yre and cruell folowed the man withyn the watre for to be auenged / & in lyke wyse all the other elephantes entred in to the ryuere after hym / and in thys manere the said Hanybal made hem all to passe ouer the watre / ¶ Item Denys the tyraunte prynce of Cyracuse in Cecylle knewe that they of Cartage wolde com in to Cecylle wyth a ryght grete oost ayēst hym / ¶So dyde he ryght wel garnysshe the townes and castelles where they sholde passe by / And gaffe comaundement by hys ordynaunce that whan the enemyes were comme nyghe / that hys garnysons shulde yssue out of the castelles and townes as thoughe they were a ferde and that they shulde come to hyme atte Cyracuse / And thenne the Cartagyens that trowed to haue goten all the contrey toke & seased all the sayd fortresses & townes & garnisshed them with theire owne peple / and of so muche was theyre oost made lesse / And the oost of Denys encreaced / whyche delyuered them bataylle soone after where they were ouercome [Page] and the other cartagiens that kepte the said townes and castelles were famysshed /
¶Of them of hyspayne / of Alexandrie / of Pirre / of Lapcenes / of hanybal / and of other ¶Capitulo / iiij /
UPon a tyme the spaynardes shuld haue fought ayenst Amulcar ye leder was of the oost of Cartage where muche folke were in a goode ordynaunce / They be thoughte hem self of a wyle for to breke ye bataylle of theyre enemyes they toke many oxen that drewe the plonghe / and enoyncted with oyle and brymestone a staffe that was putte vndre theyre taylle / and was all couered with towe of flaxe that wel embybed were with oyle / and this oxen they dyde putte at the forefront of theyre bataylle when they shulde assemble wyth theyre enemyes / And whan the fyre was sette in to the sayd towe they chassed and droof hem fourth ayenst the Cartagyens / the whyche oxen as full of a Rage entred and brake al theyre bataylles / and so was the said Amulcar dyscomfyted / ¶Item Alexaundre prynce of Pirre / had werre ayenst a folke that men callid Illyriens that bare habytes and gownes dyfferent from al other garmētes / The sayd alexaundre toke with hym a grete quantyte of hys men and clothed & rayde them after ye maniere of the Illyriens / And thus arrayed comaunded them that when the Illyryens were so nyghe that they coude see hem / they shulde take vpon hem self for to brenne theyre owne cornes that grewe vpon the feldes and that they shulde make hem self as besy as they wolde dystroye & waste all / ¶Of the whyche thynge / the sayd comandement accomplysshed / the enemyes that sawe thesame / trowed that they had be of theyre folke / & folowed them that so went fourth destroyng al thinges afore hem / vnto ye tyme that they came in to a narowe waie [Page] where as Alexaunder had putte a busshement / & there the illiryens for the moost partye were taken & slayne / ¶Item in lyke wise dide Laptenes prince of Syracuse to them of the cyte of Cartage that vpon hym were come to bataylle / For he made hys owne men to sette on a fyre certeyn of his owne townes & castelles / wherby the Cartagyens that wende that it had be of theyre folke that thus wasted all / wolde renne thider anoone / but Laptenes had sette awayte for them by the waye where they muste passe / and thus they were al slayne / Item Hanybal the goode werryer duke of cartage of whome I haue spoke afore / shuld ones goo vpon theim of Affrycke that were rebell / and he knewe wel that folke was sore sette vpon this wine / So made he thenne to take therof a grete quantyte & mēgled hit with certein herbe that is called mandglorye whiche maketh folke to be soone dronke and slepy / And after al for the nonys made a lityl bataylle of hys peple to be redy to whom he comaunded that they shuld renne awaye as thoughe they were aferde when the enemyes shuld come nyghe hem / And whan the other that trowed to haue wonnen all were come nyghe / Hanybal with hys folke makynge as he durst not abyde hem lefte his lodgis al alone that was full of goodes and of this medled wyne and departed about nydnyght / and on the morne whan the enemyes sawe there noo body they came to the lodgis with grete Ioye and dyspoilled hit about / and as folke that dede was for honger ete glotonsly of the swete metes and dranke of the wynes evyl appareylled for theym / For they all were made heuy a slepe and so dronke therby that they lay styl as ded men / Thenne came ayen hanybal whan hym lyste and al them he dyde putte to the swerde / ¶Item thoos that fought ayenst a folke that men called Heryteos [Page] toke the swerde of theyre enemyes and made hem to confesse & telle there couuyne & theyre propos / & after toke theyre raymētes fro them & reuested theyre owne folke with thesame & made hem to cēme vp vpon a highe hille that they might be seen of the ost / And bicause the enemyes had comaūded to the sayde espyes that after that which they shulde fynde they shulde make hem a sygne / and they that were vpon the montayne made a signe that they shulde come more nyghe / & they dide soo by cause they wende that hit had be theire espies in so muche that they entred in to the busshementꝭ of theyre enemyes / where as they were al slayne /
¶Of Menoles kyng of the rodes / of Scypion / of Xertoryus / of Hanibal / of Lentulus / of Acoriolo / and of Fuluyus nobilius ¶Capitulo / v /
MEnoles kynge of the rodes was atte an oost ayenst his enemyes and had more & of bettre men on horsbacke than his aduersaryes / whiche kept the montaynes to thē de that menoles myght not lyghtly befyght them / Soo aduysed Menoles a cawtele for to make them to come doune / he toke a knyght of hys wyse & hardy / and hym charged that he shuld behaue hym self as one that was fled frome his oost & that was euyl content with hym & of his wages & that he shulde goo to that other partye / And he dyde as he was charged / And with other euylles & harmes that he shewed to hem of menoles / he made them to byleue yt throughe his euyl ordynaunce was a grete dyscencyon in his oost / & that for thesame cause many one departed from hym / and to thende that they shulde byleue bettre thees thinges Menoles dyde departe / dyuerse of his folke so that they that were vpon the hilles might see hem goo awaie / but he made them to be leyed in to dyuers busshementes here and there / And [Page] by this manere of deceyte thoo that were vpon the montaynes cam doune whan they see the ost of Menoles so lessed that they thoughte to be able for theym / but ryght soone they were enuyroned all about with the horsmen that killed and slewe theym euerychone / Item whan scipion shulde ones goo ayenst the spaynardes with a grete armee / the kynge syphax sent hym certeyn messangers that shewed hym grete threttnynges & wordes of grete feere / aswel of the hardnes of the lande / as of the folke of thesame & of theyre quantyte & strengthe / of the whiche thinge not sore affrayed was the valyaunt man scypion but to thēde that this [...] ambassadours shulde not sprede suche wordes a brode emonge his folke wherby they might be affrayed for he sent them full soone agayne & made wordes to be noysed about that the said kynge had sent hym worde as to his frende that he shulde soone go to hym / Item xertorius foughte ones in a bataylle / where one cam & tolde hym that his constable was slayne / but to thende that his folke semblably shulde not knowe of hit wherby they shulde be a ferde / he slewe with a spere that he helde the messanger / Item in the tyme that hanybal descended in to ytalye for to goo vpon rome / thre thousand carpenters that he ledde with hym fled from his ost vpon a nyght / and whan he knewe it / bicause his folke shulde not be putte in noo feere nor abassed therfore / He made wordes to be cast throughe [...]ut hys oost that they were soo goon by hys comaundement / and for to gyue credence and feyth to thees wordes he sent yet dyuers other awaye that he knewe sholde doo lytel good and that were symply armed / Item a tyme that Lentulus had assembled a grete oost for to be fyght hys enemyes and had taken in his companye a cohorte of macedonyens for to helpe hym / a cohorte is / vj / C / lxvj / men / But [Page] when he trowed to haue ben holpen of them / they dide aduyse hem self soone and out of hys oost departed and went to that other partye / And when Lentulus that dyuers & many tournes of armes knewe / saw this he was not abahysshed / but coude wel take hem by theyre owne barat / and also to thēde that his oost sh̄uld haue noo feere therfore he made to be noysed a bout / that for the nonys he had sent hem bifore for to medle and assemble fyrst with the enemyes / And for to gyffe a bettre byleue to this thynge he departed soone and folowed theym / wherby it happed al in effette that wher fore he dide soo / For the aduersaryes that sawe the macedonyens comynge wende that hit had be trewe / and that they had come ayenst theym for to haue the first bataylle / tourned toward them and bygan strongly to lanche vpon them and so of force they muste make deffence whether they wolde or not / And Lentulus was atte that other parte that in the meane while enuaysshed hys enemyes / and by thys manere of waye he had the said Macedonyens to his helpe whether they wolde or not in so muche that he had the vyctorie
¶Of Acoriolo duke of Dace of Fuluyus nobilius / of Pamynodas / of Fabyus maximus / of Scypion Affrycan the second / of Xertoryus / and yet of Pomodas duke of Athenes ¶Capitulo / vjo· /
THat tyme that the rommayns were in dyscencyon the one ayenst the other and duryng the cyuyle werre / & where dyuerse natyons had syn the tyme of theyre prosperyte conceyued a grete enuye and dysdayne ayenst theym semed by especyall to them of dace that the tyme was come that they might wel renne vpon hem / And where they had [Page] dyuerse tymes admonested byfore thys theyre duke Acor [...]alo for to doo soo whiche wolde not be agreable therunto / he atte he last by cause that they pressed hym so sore / and for to gyue hem a knowlage by an example dide make dyuers dogges to be brought byfore hym in a place byfore the palays and were sette that one vpon that other in so muche that they bigan strongly to be fyght eche other / But in the moost strengthe of theyre bataille when it semed that they were moost angry and fyers that nothinge coude departe hem / he made a wolffe of whiche he was pur [...]eyed a fore to kepe emonges hem & assoone as the dogges sawe hym they l [...]fte the bataille that they had togider emonge hem / and they al of one acoorde runne a noone vpon the wolffe / and by this example shewed the said duke to his men / that what soeuere awerre that eny nacyon haue emonge eche other / they shall not suffre therfore / that a straūger shall hurte hem / but rather they wold make accorde togider for to [...]ēne vpon hym / ¶Item Fuluyus nobilius hed capytayne of the ost of Romayns fonde hym self ones so nyghe taken by them of Samoys that nede and force was to hym for to abyde the bataylle / of the whiche thinge by cause that he knewe wel that his folke were sore a ferde by cause that theyre enemyes were of more quantyte than they were / he dyde aduyse hym self for to take awaye theyre feere by thys cawte [...]e He sayd vnto hys folke and made hit to be cryed and publyed thrughe al his oost / that he had tourned vnto hym for money the hertes of a hole legyon of the Samytes / And that they shuld Ioyne with hym whan the bataylle shulde / begynne for to helpe hym / ¶And by cause they shuld byleue bettre thys thynge he borowed of theym al the golde and the syluere that they might make / as though hit had be for [Page] to prepare the said folke / A legion of men is in nombre / vj thousand / vj / C / lxvj / So it happed that for hope of this / the romayns toke so grete a boldnes in theire corages / that they enuaysshed hardyly & prondly ranne vpon theyre enemyes whiche they fonde al ynoughe dyspurueyed by cause that they preysed hem so lytel & setted nought by them for cause that they were so fewe folke to the syght of theym / and so the romayns vaynquissled the Samytes and gate the felde vpon hem / ¶Item Pamynodas the worthy duke of Thebes shulde ones fyght ayenst theym of Lacedemonye / So dide he see in hym self for a subtylyte wherby the strengthe & hardynes of corage might growe in hys men / He made hem al to come byfore hym and sayd thus al ahighe in audyence that he wolde aduise hem of that that to his knowlege was come for a trouthe / It was that the Lacedemonyens had ordeyned affirmably / that yf they had the vyctorye they shulde kylle and slee al the men and the women of Thebes / and that they shulde dystroye the cyte and shulde take the chyldren in to thraldome perpetuelly / For this denoncyacyon they of Thebes moeued with grete yre & anger dide fight sore as men that sette nought by theyre lyues and ouercame the Lacedemonyens that more folke were without comparyson / ¶Item Fabyus maximus shuld fyght ones ayenst hys ennemyes and was hys oost enforced ryght wel with pales and of stronge lodgys wherfore he doubted that hys folke shulde not fyght strongely ynoughe for cause of the places where they had theyre wythdrawht and refut were so sure / And therfore he made to be sette all a fyre or euere he began to fyght / ¶Item whan Scypion the seconde Affrycan conduytte hys seconde oost in Affryke hit happed hym to falle to the grounde whan he yssued out of hys [Page] shippe / he soone behilde the contenaunce of his folke & perceyued that they toke this fall for an euyll token / & that they were al redy as dysconforted therfore / Thenne aduysed the ryght wise werryour in hym self of a wise worde for to saie wherby he myght gyue surtye to h̄is peple of theyre doubte he byganne to laughe & sayd boldly / O god be thou preysed here may ye see a good token For I am sesed al redy of the lande of Affrike hyt wyl be myne without faylle / And thus by this worde he tourned the euyl hope of his folke in to a goode / the whiche thinge happed after as he had sayd / Item as xertorius shulde ones haue fought it appiered in his ost a merueyllouse signe / For the sheldes of his men of armes and the brestis of theyre horses becam al couered with blode the whiche thinge was to them occasion of a grete fere but the valyaunt duk assured theym full wel / saymge to them with a gladde chere that it was a ryght gode token and that by the same they ought to vndrestande that they shulde haue the vyctorye For thees partyes ben thoo that are & ought to be comynly blody with the blode of the enemyes / Item pamynodas the wortly duk of Thebes shulde ones be fight the Lacedemonyens / and where the cas happed that the bataylle was somwhat dylated / hys chaere was brought vnto him for to sette a lytel vpon abydynge the owre of the bataylle / but percase of aduenture hys chaere tourned vndre hym and fille donne besyde / of the whiche thinge hys folke were muche abasshed and toke hit for an euyll betoknynge The said duke thenne whiche rose vp quyckly sayenge vnto theym with a hardy face in thys wise / Now vp vp lyghtly my gode knyghtes the goddes doen forbede vs the so [...]ourne and taryenge / For they haue admonested vs by thys token for to goo soone to the bataylle / and oure shal be the [Page] vyctorye /
¶Here speketh of the Lacedomyens / of Iulius Cesar / of Papyrius cursor & of Pompee / ¶Capitulo / vij /
THat tyme whan the Lacedomyens had werre to they me of the cyte of Messynes / they knewe ones by theire espyes for certeyne that the Messynyens were so sore sette in yre vpon them that they shulde brynge to the bataylle bothe theyre wyues and theyre chyldren for to haue therby a gretter corage for to obteyne or ellis dye togider / For the whiche thinge the Lacedemonyens with drewe them self and differde the bataylle / Item Cesar had ones so broughte hys enemyes by takyng of water awaye fro them / that they dyeing for thruste were in dyspeyre of theyre lyffe / and as they that be forced with a grete rage yssued for to fyght with hym / but he wolde not at that owre / but wythdrewe fayre hys men awaye / For hym semed not good that they shulde fyght atte that tyme whan dysperacyon and wrath rewled the corage of the aduersaryes / ¶Item as Papyrius Cursor shulde ones fyght ayenst the Samytes and that he knewe by hys espyes that the more nombre of folke were hys enemyes / wherfore his men redoubted to deale wyth theym / he toke soone a certeyn of his folke that he moost trusted with hym / and secretly comaunded them to take a grete quantyte of bowes and of rede / and that they shulde drawe hit after theym from a hye hille where bothe the ostes might see hem / for to styre and moeue therwithall in to the ayer the pouldre & duste of the feldes / and that they shulde make the grettest noyse that they might with all / & as soone that this was doon soo and that Papyryus sawe them he bygan to make a scrye with a highe voyce so that hys folke & eke hys enemyes herde hit / and semblably made [Page] to be cryed dyuerse tymes / that hit was his felawe of armes that he had lefte in to abusshement whyche had dyscomfyted a parte of hys enemues / and that they shuld doo so muche that hys felawe hadd not al alone the glorye of the victorye / And herof it happed as he thoughte for therby hys men were made hardy and bolde and lost all feere / And the Samytes that for the grete dust that they sawe flee aboue the erthe wende that it had be a thinge of trouthe / wherfore they torned theyre bakkis and fledd awaye ¶Item pompee was in a doubte that a certeyne cyte shulde be more fauorable to his enemyes / than to hym self / and that she gaffe them ayde and socoure by fore the stroke / And therfore he requyred the enhabytantes that they wolde receyue withyn hem dyuers syke men that might not folow h̄is oost vnto hys retourne ayen for to ease and heele hem self / And that bothe golde and syluere and goodes ynoughe they shulde be [...]re with theym for to rewarde wel theym that shuld receyue hem / And whan this thinge was graunted Pompee made to be putte in dyuers and many litteres of his best and moost hardy knyghtes bounde and bended as thoughe they had be sore woūded and syke / and in males / and other fardellages he dyde theyre harneys to be caryed wyth theym as hyt had be theyre gownes and theyre hauoyre / For the whyche thynge whan thees knyghtes sawe theyre tyme [...]ay rest they ranne vpon the comons and so muche they dyde that they had the maystry of the cyte and so kepte hit
¶Of Alexaunder the grete / of Cesar Augustus / of Crates of Athenes / ¶Capitulo / viij /
[Page]WHan the grete alexandre had subdued and ouercome the thirde parte of Assie / by cause he doubted les that they shuld tourne rebel after his departyng / he brought awaye wyth h̄ym all the kynges & princes of the lande as thoughe he wolde worshippe theym / & principalli suche that hym semed were moost wroth & heuy that they were subdued & vaynquysshed / & to the peple that he lefte there / he constytued and stablysshed certeyne captaynes that he chose out of hem self / And by al thus he gate the loue of the prynces by meane of the worshippe that he shewed vnto theym / and eke also the loue of the comons by cause that he made them to be gouerned by suche of the comynaultee as they were hem self / And thus yf they wolde be rebell they myght not wel syn that they had noo captayn / For a peple that hath lerned to be rewled vndre a hed is nought worth by hym self / And for to haue them more subgett he dide doo bylde dyuerse castelles nyghe by theyre townes / but for to pease them of this doyng he garnysshed thees fortresses with theyre owne peple / Item whan Cesar augustus had subdued al Germanye & that the Alemayns had yolden hem self to hym he thenne for to bere a more lordshippe ouer theym he bylded many fortresses nyghe by theyre townes / but for to contente hem of this thinge he boughte the grownde of them where he sette the sayd fortresses / For the whiche dede they helde hem self so wel content that they had hys lordship ryght aggreable / Item Crates duke of Athenes was lodged in the feldes and he had but a fewe folke but he wayted after a grete secours thus he doubted les y• his enemies y• in agrete nōbre were assēbled shuld come vpon hym by cause they knewe hym feble / but bi cause he wolde purueye to thys Inconuenient he made to yssue by nyght a grete parte of his folke / & comaunded them [Page] that on the moro [...]e they shulde come agayne a longe the hā gyng of a montayne makynge a grete noyse so that they myght be herde and seen of theyre enemyes that shulde trowe that it were som newe socours / And hyt happed euen thus for the whiche symulacyon he abode sure vnto the tyme that hys help was come /
¶Here it is shewed of Lisimacus kynge of macedonye / of Fabyus maximus / of Denys the tyraunt / of Alexaunder and of Yphytrates / ¶Capitulo / ix /
LYsymacus the kynge of macedonye had beseged the cite of Epheze whiche had to her ayde an Archepyrate / that is so say a grete thef of the see that muche harme dide to the sayd kynge & nauye of his shippes he toke ofte fro hym a grete quantyte of prysoners / but to this he fonde a remedie For he dide so moche that he corromped the said rouer by meane of money so that he dide fille hys shippes with the sayd Lysymacus folke wel garnysshed with theyre harneys & ledde theym in to the cyte as they had be hys prysoners / whiche soone after by nyght wh̄an they see theyre fayrest and that they of the cite toke non kepe they ranne vpon the spies & slewe them / & so was the toune taken & delyured vnto Lysymacus / Itē fabius maximus that tyme he beseged capne he dide waste al the corne that grue about hit wherbi it semed that his entent was not for to besege the towne / & thēne departed ferre from the same / & taried his coming thyder ayen vnto the tyme that they had sowed theire landes ageyne wherto they had employed theyre corne and had but lytyl kepte / And thenne retourned ayen Fabyus / And for fawte of bred gate ye stronge cite of capne whiche was famisshed ¶Item Denis the tyraunt after that he had taken many fortresses in cecyle / he came bifore roges whiche he knewe [Page] wel garnisshed of vitaille / for the whiche thīg thex kept hem stronge / So feyned Denys to make a peas with theym & that he wolde goo to another parte / but in the couenaūt made betwene hym and theym was comprysed that they shold delyuere hym vytaylles for hys money vnto a certeyne day And whan he sawe that all theyre vitailles were almost gon & cōsumed awaye wherof they rought not bicause they trowed to haue had peas & that theyre landes were almost ripe for to be reped vp / he cam on a fresshe vpon them that soone were famysshed & thus toke hem / Item whan alexaūder wold take the cite of lencadye whiche he knewe was stowred with vitaille he toke first diuerse townes & castelles / & for the nones suffred the peple that was ynne to entre the said cite of lencadie wherunto they fled full faste / to thende y• theyre vitailles shuld the sooner be consumed & goon / & he toke good hede that noo vitaille might com to them / & by al thus he toke hem / Item Yphitrates whan he kepte tharente he founde a watche man a slepe / & so strake & slewe hym / and whan men blamed hym for the same / he ansuerde that he had lefte hym as he had foūde hym that is to say / that he reputed a man aslepe / as for dede /
¶Of amulcar duke of cartage / of haymo Emperoure of affryke / of hanybal and of valesius ¶Capitulo / xo· /
Amulcar duke of cartage knewe wel that the romains were woūt to receyue benigneli theyre enemies whan thei tourned them to theire parte & that in grete worship they kepte hem / & y• specialli the souldiours of gallia / & therfore bi cause that he wolde haue them by suche awaye / ordeined agrete quantyte of them of his oost that he knew mooste true to hym / And made them to goo to the ost of the rommayns as they had be rebell vnto hym and wolde take parte wyth [Page] the romayns / So was this subtylite double worthe vnto the said duke / That is to wite in asmuche as his enemyes were of theym slayne / and that they durste receyue neuer syn noone of the his that wolde departe from him / Item Haymo emperoure of Cartage had a muche grete oste in cecylle ayenst the romayns / and knewe that in his oste emonge other of his folke he had wel foure thousād Frenshmen that were accorded emonge them self for to goo toward the romayns for to take theyre parte / by cause that they were not wel payed of theyre wages / Haymo durste not punysshe hem for fere of rebellion / but he dide purueye thrughe meanes of a wyle to this inconuenyent / He called vnto him the captaines of the said folke & speke faire to them & a promesse he made hem that within a certeyn daye he sholde make satisfaction vnto them / but the last day of the terme excepte one that he shulde kepe his promesse whiche he wolde nor conde not accomplysshe / wherfore he wiste wel that they shulde departe / he sent toward the duke of the oste of the rommayns one of his knightes that true was to hym as thoughe [...]e had ronne awaye as rebelle vnto hym / that tolde the said duke that he shuld kepe him self wel / & that vpon the nyght next comynge foure thousand of hys enemyes were poynted for to entre vpon hys oost / wherof the romayn duke for fere lest this shuld happe ordeined yt & the moost partie of his ost for to watche y• nyght the whiche full soone ranne vpon the said frenshmen whan they sawe hem come / & by al thus cam this wel to passe for haymo for ye romaīs loste there many of theire folke & was advēged ryght wel of them of galia yt so had goon awaye from hym for they were al disconfi [...]ed & slayne Item by suche anothre manere was aduēged hanibal vpon diuers souldiours yt he knowe were goon awai bi [Page] night frō his oste for to goo to ye romaīs for he made to be published throughe his oste ye noone shuld take nor holde them that so were departed from hys ooste for falce nor rebell & yt they as worthy knyghtis & gode they were so goon awaye by his comandement & secret ordynaunce / bicause they shulde knowe the couuyue & coūseyll of his enemyes / & for to do a certeyne thinge that he had comytted them vnto And this dide so hanybal bicause that he wiste wel that the romayns had som espies in h̄is oste that soone shuld goo telle them this / and so they dide / wherfore the romayns toke incontynently al thoo that cam from hanyballis oste & made theyre hādes to be smytten of & syn they send hem ayen vnto him Item the hed captains of the romaine folke kept the fortresse of tharente and he sent hys messangers to hasdrusbal that had hym beseged / that he shuld yelde to hym the said fortresse so that he wold late hym goo sauf & hole / But whyle thys parlyament was kepte by whiche hadrusbal held hym self as al asseured and euyl watche he sette / valeryus that hys aduantage sawe lepte out of the castel and with his power & strengthe ranne wysely vpon hys enemyes whiche he dyscomfyted and slewe the sayd hadrusball / What shold I saye more of the stratagemes of Frontyn many full fayre ben conteyned in his boke whiche shald be longe to saye / but thus muche shal now suffise except som fayre notables whiche I wil shew that be comprysed in hys boke to this propos
¶Frontyn in h̄is fourth boke saith of Cesare domycius of Emilius / of Scipion Affrycan / & of Gains scipio ¶Capitulo / xjo·
CEsar sayde that men ought to vse ayenst hys enemye of the counseyl that the leches gyuen ayenst the syknesse / That is to wtte of dyete & of honger or euere yron be attempted [Page] / Item domicyus carbulo said that men ought first to hurte his enemye by al maneres of wylis & subtyltees of witte / or euere that the body be exposed therto / Item the emperoure emulus paulus said that it behoued to a gode capytaine of an oste for to be olde of condycions ¶Item scipyon affrycan ansuered to one that wited hym that litel he dyde of his handes in a bataylle / My moder said he childed me as an emperoure / & not as a fyghter / that was for to saye / that almanere a captayne or prynce of an ost ought to suffyse for to sette & ordeyne well his folke without to put [...]e hys body in Ieopardy of strokis ¶Item gayus maximus aunsuered to an Almanye that called hym to fight wyth hym body ayenst body / ¶ Yf my liffe were noyouse vnto me I shuld haue foūde the meanes long syn̄ for to haue be slayne / Item scypion said that men ought not onely to make a waye to hys enemye for to flee / but also [...]o shewe hit to hym cl̄erely / And me semyth that to the propos of thes thynges may well serue that that the wyse c [...]arles the fyfeth kinge of Fraunce sayde whan men said vnto [...] that agrete shame it was that with money he recouered his fortresses that som̄ of his enemues held and kept from hym wrongfully / seeyng that he was of might grete ynoughe for to haue recouered theym by strengthe / ¶ It semith me sayd he that that whiche may be bought ought not to be bought with mannys blode
¶In the boke of valeryus it is said of hanybal / of a kīge of grece / of another in a semblable cas / and of the romains that had nede of souldiours ¶Capitulo / xij /
Ualerius speketh to this propos in hys seuenth boke & saith that hanybal of whome it is spoken bifore / hated muche the ryght worthy duke Fabius maximus bicause he [Page] constrested or gaynstode hym in bataylle & bare hym grete hurtes & domages / And bycause that Hanybal coude not lette nor greue hym with strengthe / he thought to help hymself ageynst Fabyus with subtyletees & wylys / he wasted al the feldes about rome and all the maneres of other prynces there / except them that apperteyned to the worthy knyght fabius whiche he spared and mysdide them nought / to thende that he myght doo vndrestand the rommayns by thesame that Fabius had som alyance or treatee with hym / & wyth this he dide yet more / For he secretly wrot certeyn lettres and sent them to rome for to be diretted vnto the said Fabyus whiche lr̄es conteyned & spake as thoughe emong they had be certeyne conuenant that Fabius shuld commytte trayson ayenst the romayns / and dyde ordeyne this thinge so that the Senate of rome had knowlege therof / But they that knewe the trouthe of Fabyus and the malyce of Hanybal made no force therof / ¶Item a kynge of Grece was somtyme that had enuye of the romayns and for this cause & for noon other occasion he hated theym sore muche / and yf theyre grete myght and power had not be / he wold gladly haue hurted them / And so he knewe of noo waye so to doo but by barat & symulacyon / wherfore he feyned that te loued them well / & dyuerse lettres he sent hem of humble recomendacyon concernyng the grete & tendre loue that he hadd to them / And he sent hem worde atte laste that he desyred sore for to see the cyte of rome & the noble ordynaūce that was there / & whan he was come to rome he was gretly receyued as he that was for a frend reputed & taken But the more that he there sawe the felycyte & the worship gretter ye more encreaced the sorowe the secrete enuye that was hidde wythin his stomake / wherof dyde growe suche an effet that he [Page] dyde so muche by hys malyce or euere he departed that the barons there he sette to a dyscordaunce and debate so that a grete sedycyon arrose anoone emongys hem / ¶And thus as he thought in hym self he myght not hurte the cyte by noo bettre manere of waye / ¶Item another that in lyke caas hated rome / whan he had made stryffe and debate to be thrawen emonge the rommains that had nede of socours and toke strange souldyours for to helpe hem / But whan tyme came that the bataylles shulde mete togider for to fyght the sayd souldyours departed out of the oste of the rommayns and went vpon the hangynge of a montayne for to byholde whiche of bothe partyes shulde haue the bettre that they might holde with theym whan they shuld perceyue that one partye to be ouercome / But to this dyde purueye full wysely the captayne of the rommayns that sawe hys folke afe [...] de therfore / For he went all along euery rowe where they were renged / sayeng that suche departyng from hys oost was doon by hys comaundement of to renne vpon the enemyes whan they shulde assemble togider / And thus he assured his folke and hadd the vyctorye /
¶Of the cawteles of the rommayns that were beseged in an oste / of Quintus metellus kynge of Sezyle and of Hanibal / ¶Capitulo / xiijo·
AT that tyme whan rome was taken of the Frensshemen and that they had beseged the capitole whiche is a fortresse that can not be taken but yf hit be famysshed wherfore they kept the wayes that noo manere of vytaylles shulde be brought thither and so wolde make them wythin to yelde them self or ellis to dey there for honger / But the romayns that somtyme were full subtyl in al dedes of werre for to haue awaye from theyre enemyes the hope that they had [Page] of the famysshyng of hem / they toke of suche fewe vytaylles as they hadd and lefte therof a grete releff about the bones whiche with dyuerse reuersyons & small gobettis of brede they myngled with the fylthes and swepynges of the hons and casted altogider out of a wyndowe wherby whan they of gallia sawe this they merueylled gretly wenyng that they had be wel garnysshed of vytaylles / wherfore they fell in a treatee of peas / Item whan hanybal and hadrusball prynces of Cartage were with a grete oste in ytalye / the rommayns sent ayenst them two dukes that ledde grete ostes whiche dukes kept & maynteyned them so wisely that the two ostes of the Cartagiens coude not come togider / For yf they had doon soo they shulde by theyre grete nombre of folke haue wasted all the contrey / but the Romayns dide so muche vpon a nyght that bothe theyre owne ostes were assembled togider by fore the day that they shulde giue a bataylle to one of the said ostes of Cartage whiche was soone ouercome and dyscomfyted / ¶Item Quintus metellus beynge in hyspayne with an oste myght not entre by strengthe in to a towne whiche he had beseged / And therfore he departed fro the syege and toke hym to purueye hys oste here and there and a long espace of tyme he dyde goo from one place tyl another in so muche that hys owne folke merueylled therof / and also hys enemyes dide mocke hym therfore and toke hys doyng but a folye / But so muche he went dooyng al wayes thus / that atte laste he sawe hys poynte whan that his enemyes were wery and sore peyned with contynuel watche / And so he toke theym vmbeware / ¶Item a kynge of Secille was be fought of the Cartagiens / but whan he sawe that they had occupyed all hys lā de and that noo Remedye he conde putte therto / he departed [Page] with as many of hys folke as he myght haue and went in to Affrycke / and in lyke wyse there he dide brenne and dystroye the contrey al about / And for this cause the Affrycayns of Cartage that so had wasted and occupied his contrey were fayne to make peas with h̄ym and to make hym amende and restitucion of the dommages that they had doon to hym / Item whan hanyball shold ones haue fought ayenst the romayns at the bataylle of Cannes that sore do mageable was for theym / he vsed with thre maneres of cautelle / the fyrst was that he toke a place for to fyght where as he shuld haue the sonne & the wynde att the backe of hym With this he ordeyned that after the bataille were bygonne one parte of his folke shulde make as they fledde awaye by fore a couert where abusshement was for the nones comytted and sette for to renne vpon the romayns that shuld folowe the chasse after them that so fledde And thirdly he ordeyned that foure men of armes shuld in lyke wyse flee towardes the romayns / as they shulde feere the bataylle and shulde yelde them self to them / Thys ordynaunce thus brought to effecte / and that the bataylle was bygonne / the romayns were sore troubled and lette by the sonne and by the duste that toke the syght and also by the sayd busshement that ouer renned them wher many of theym were slayne and thirdly by theyme that had yelde hem self to theym the whiche after the manere that was thenne were dysarmed and putte out behynde the bataylle / But they hadd couertly vndre theyre lytel doublettes rasers wher wyth all they dyde cutte the synewes of the legges of the Rommayns whyle they faught / And thus as Valeryus saith by the malyce of Affricke more than by bataylle was ouercome the strengthe of the romayns /
¶Here begynneth to speke of the manere of be fyghtyng and sawtyng of castelles and townes / And fyrst of the manere of byldyng of theym / ¶Capitulo / xiiijo·
SYn that we haue deuysed after the bokes of armes and of other more new custome / the wayes that be good to be kepte in fayttes of batayl that be renged and sette in array / We folowyngly shal saye after vegece and as other Auctours techen / of the maneres and wayes that be proffytable and good to be kepte aswell in fayttes of befyghtyngis and sawtynges of Cytees / townes and castelles as of the deffensynge in lyke wyse of the same / And also ensuyng thys matere we shall speke of the bataylles that be made vpon the see or vpon flodes and other fresshe watres / ¶So deuysed and sheweth fyrst the sayd Auctour the manere how for the moost suretee the auncyent dyde bylde theyre fortresses so that they were closed rounde a bout wyth stronge walles and wyth dyches / And by the forme folowyng he techeth hyt thus sayeng / Who that wyl bylde a good and a durable place ought fyrst to take heede to fyue thynges / Fyrst he shall see that the place be of a hyghe grounde yf it may be / that is to wite vpon som ryght wel sette and in a good contrey / But yf the dysposycyon of suche a place as he hath be not syttyng / he shall aduyse for to close hys edyffice aboute or atte lest one syde of it with the see or wyth somme ryuere that may bere shyppes / ¶And yf it so happe that the place be so conuenable that the see may entre of bothe partes / the ryuere that shal renne thrughe the townes is muche proffytable and of grete socours yf hit can bere shyppes / [Page] ¶The seconde that the ayer be there good and holsome and ferre from plashes of watres and of mares grounde / The thirde that the contrey be fruytefull and gyuynge abondantly al manere thynges that be nedefull to the lyffe of man / The fourth that noo hylle be so nyghe that eny shot can greue hit / And the fyfth is that the cytuacyon of the place be free and not in boundage / And the same auctour yit sayth that the wise auncyent made not the cyrcuyte of the walles of theire cytee or fortresse all ryght vp euyn wyth a lyue as men doo now / For they sayd that the walles so made were more redy and bettre dysposed to receyue the strokes of al manere engyns and to dresse vp ladders therunto / and therfore they made hem croked wyse with certein yssues and steppes welle massonned and the stones strongly bounden with lyme and zande / and compassed them squarre to thende that they myght make deffense in many places where as many strong toures and deffensable were thikkly sette al rounde about / And wyth thys techeth the said auctour how walles may be doubly fortyfyed ayenst all engyns / that is to wite that two walles of strong stuffe muste be made wyth an Interualle or space withyn forthe of tuenty fote brode fro that one walle to that other / And the erthe that shal be dygged and taken out for to sette the fondementes whiche oughte to be made as depe in to the erthe dic [...]s aboute Shal be hadd bettwyx bothe the forsayd walles tyl that the sayd space of tuenty fote be fylled ther wyth all and shal be trodden and stamped vpon as harde as can be / And the walle must be fyrst made vp aboue / and soo thykke and so brode that aleyes may be there made wyth holes and splytes that Archers be sette for to shutte and cast there thrughe al manere of gonne stones and al other shotte / And a [Page] propre place muste be ordeyned and made atte euery face of the walles for to sette gonnes and other engyns for to shute without / yf nede be to make deffence / And mayntelles and barbakanes of tymbre shal be made fast to the batelmentes of the walles without forth in manere of targettes and pauoyses ayenst the shotte / And the auncyent also made grete hyrdelles and brode to be tyde fast with chaynes and with ropis to the walles wythout forth that waued & brake the strokis of the stones that were caste ayenst the walles with dyuers maneres of engyns / so that they coude not hurt nor appayre the walles / Or elles they made hour deys or obstacles full thykke of thornes and redy luted theym wyth dong and stones ayenst the walles whyche by thys were kept fro brusynge of the grete stones / And sedyng watre / brennyng ashes / and al suche other thynges they had prest and redy for theyre deffence / ¶ The yates that were made of stronge tymber they made to be couered in tyme of werre wyth Lamynes of yron or wyth rawe leder by cause they shuld not be sette on fyre / and therupon they had a barbackane / And yet was there a hole made thrughe the walle where was sette a portecolys that hanged wyth rynges and chaynes of yron / so that yf the enemyes cam there they shulde be surprysed and enclosed vnbewarre by the said protecollysse that men shuld late goo doune vpon theym / and other holes were also there wherthrughe grete stones and other thynges myght be lached and caste vpon them / ¶Item the dyches ought to be made of a grete brede and so depe / yf cas be that noo ryuere be rennyng there / that the fortres may not be vndremyned / but yf namely hit were sette vpon a roche / But the auncyent kept wel theyre fortresses frome this inconuenyent / ¶For wyth good [Page] betun / lyme and cyment they bonde theyre byldyng so fast and namely the fondementes of theyre fortresses that they myght not be persed / Also ought the dyches to be so depe and so large that they be not of lyght fylled by the enemyes / and som auncyent made hem in olde tyme past to be massonned as a walle vp ryght atte the without forth syde so that one myght not descende hym self a doune theryn / and yet with thys they strak full thikke al douneward the walle wyth sharp hokes and pynnes of yron that men calle caltrappes that letten ryght sore them that go doune the whiche thinges are comonly knowen as I trowe / and semblably dyuerse other closes and garnysons of deffence / wherfore it is noo grete nede as me semeth that I recyte nomore therof syn that the maystres of suche werkes ben therof wel lerned and taught in the tyme present /
¶Here deuysed of the garnysons that behouen to castelles and townes in tyme of warre / ¶Capytulo / xvo· /
Lytel is worthe the strengthe of the walles of a castel how wel that hit be garnysshed of al deffensable thynges / whan lacke and faulte of vytaille is there / yf hit be beseged / as it appyered by the stronge place of pnemon that closed was rounde about with seuen panes of strong walles al made of marbell stone / and was sette vpon a roche and fortyfyed with grete toures al about / that were wel garnysshed wyth good men of werre / the whiche fortresse was famysshed by longe settyng of the syege that was layde afore / And by cause that enemyes comonly att a syege force hem self to take awaye the watre fro the fortresse [Page] And it is gode to make there redy ayenst the engyns Cyment / beton / oylle / pytche / & foyson of tawe to brenne the said engyns with all / stele and yron to make and forge al manere of harnoys for the men of armes / and maystres that can gode skyle in makyng of the same / And foyson of tymber to make sperys / demylaunces and other stauys wyth all And a grete plente of flyntstones or other harde stones muste be had vpon the batelementes of the walles and toures for to make deffence wyth all / And also ought to be purueyed for pypes and other vesselles full of quyk lyme that shal be thrawen and shouen a doune vpon the ennemyes that wol clyme vp to the walle to thende that the mouthes and the eyen of them that be mooste hardy may be stopped and fylled wyth all whan the vesselles shall breke in fallyng on the grounde / ¶Item behoueth to suche a garnyson a grete quantyte of bordes and herdelles / and foyson nayles and pynne bothe of yron and of wode for to make entablementes ayenst te walles wythout forth / ¶And for to saye in generall they muste be wel purueyed and garnished of Lyme / of Zande / of Stone / and of Plastre for to make cloysons and contrewalles / and of carpenters and massons for to make hyt yf nede were / ¶Item a grete stoore muste there be of cordes and strengys for balestres and long bowes and senewys and other stuffe to make hem wyth all / And yf yt happed that senewys myght not be recoured / the horses manes and the tayles and namely the herys of women are atte a nede full good to make crosbowes cordes and strynges wyth all / For wyth thys as vegece saith the romayns helped hemself right well whan Hanybal demeined hem so sore & so longe that al manere of cordes and senewis were faylled emonge hem / And thenne [Page] the worthy ladyes of rome that had ryght fayre and longe here trayllyng to the grounde and that had at that tyme in theyre heerys theyre mooste curyouse and mooste playsante appareyll / hadde leuere to be defyled and naked from theyre ryght fayre and yelowe treshes or lokkes for to socoure the yre cyte with all / than to be arayed full fayre with theyre longe and yelowe heerys / and soone to be brought in to captyuyte and thraldome vndre the handes of theyre enemyes and therfore they proffred theyre heerys to the archers and shoters / wherby rome was warauntyzed and kepte / Item also they ought to be wel garnysshed wyth hornes of bestes for to amende ageyne theyre crosbowes / and in lyke wyse of rawe leder for to couere ayen theyre engins and theire other edyffyces to thende that they may not be sette in a fyre and to see a goode garnyson of men able and expert in al poyntes of armes and goode archers wel lerned and taughte in al that bilongeth to assaulte / and hauyng the wayes of makynge deffense ayenst theyre enemyes and to be of a nō bre couenable as the place requyreth / For as a prouerbe saith / The walles maken not the stronge castelles / but the deffense of good folke maketh hit imprenable / and it ought not to be forgoten that where as the place is mooste feble there muste be applied more grete a deffence [...] For atte that syde are the enemyes wont for to sawte moost sore▪
¶ Of habyllementes of werre / ¶Capitulo xvj
AFter that we haue deuysed in generall of many thinges that be al ynoughe couenable / aswell for vytaylles / as for deffense that to a garnyson of a fortresse apparteynen ayenst the enemyes / ¶It semeth to us expedyent to shewe now by Iuste estymacyon partyculer what vytaylles shulde be suffycyent to a certeyne felawship of men [Page] after the equypolent of euery grete or small garnyson / For two hondred men of armes thenne and theyre Archers / that is to wyte two archers to a man of armes / nedeth for the space of six monethes / lx / tonnes of whete after the mesure of parys / the thirde parte wherof shal be made and baken in to byscuytte / and the remenaunte shal be grounden in to meele / ¶Item foure tonnes of benes and two tonnes of pesen / six score pypes of wyne / two pypes of vynaygre / and a pype of verius / a pype of oyle / and a tonne of salt / L / pound of spyces as gynger / comyne / and other suche small spycery / two pound of saffron / two quarters of mostardseede and the querne to grynde hyt with all / ¶Item salt flesshe and fresshe / that is to wyte / C / oxen what salted What a lyue that may / haue fedyng ynough / an hondred or six score fletches of bacon / eyght score shepe and a parke and pastur for to kepe theym that may / and poulleylle as muche as men wyll / ¶Item salt fysshe yf it be in lent or in suche dayes that men eten noo flesshe a thousande eles fyue and tuenty barelles of heryng and grete foyson of ling fysshe and haburden a pype of buttyr salted / xv / pound of almaundes / x / or / xij / pound of ryz and as muche of ote melle / rose watre and other thynges that be thoughte gode for the syke wyth other couenable medecynes aswell for theyre etynge as for to enoynte theym wyth all / ¶Item x / doseyne of cruses to drynk out / x / bokettys of ledyr for to drawe watre wyth all and two thousand bokettys made of wode / and two hondred fadom of ropys / ¶Item for the kychyne yf it be in wynter two houndred lode of grete logges / lx / lode of charcolys thre wousand of small fagottys & six / m / of byllet / xx / doseine of erthen pottes for potage & for to sede flesshe in hem / six grete cawdrons / two doseyne [Page] pannes grete myddle and small / fyue or six thousand treen sponys / two thousand treen dysshes and as many of trenchers goblettys and cuppes grete & smal / xx / or / xxx / belowis lanternes and other small necessaryes that men may be aduysed of / and that is said nowe afore / Now cometh to speke of the prouysyon vpon the faytte of the deffense of the said place / First atte aldre lest / xij / gonnes castyng stones wherof two of them muste be gretter than eny of thother for to breke engyns mauntelles and other habyllementes yf it be nede / ¶Item six brycolles and two coyllars eyther of them garnysshed wyth thre slynges and of cordes & stones plente / ¶Item two or thre spryngalles garnysshed wyth suche shot as bylongeth therunto / And but yf men thynke that the gonnes must be caste to often / a thousand poūd of gonne pouldre shal suffyse / or ellis / v / C / poūd more / and six thousand poūd of leed to make pelettes for gonnes / vij / dousayne of sperys wyth theyre hedes of gode tempred yron foure & tuenti crosbowes wel garnysshed and bygge foure & tuenti bawdrers / foure and tuenti long bowes / and foure and thirty dosayne of strenges for the same long bowes wyth a houndred sheffes of arrowes / xxiiij thousand small quarellys for crosbowes and / xi [...] / thousand of other grete quarelles for bygger shotte / CC / gōne stones redy made with plente of other stone for to make yf nede be more gonne stones with all / iiij / C / tampons and tymbre ynough to make hem with / a carpenter for to make them & suche thinges that shall mistere to be had of his crafte foure massons for to make stones for gōnes & al other werke yt muste be had of theire crafte / It two horse milles two ouēs a forge garnisshed with all suche instrumētꝭ as nedeth therto with iiij / m / half a / m / of stele iij / C / chaldres of see [Page] coolys / iiij / bassens with feet & a tayll for to kendell the fyre with / xxx / horslode of charcooles and / viij / belowes / ¶Itē for the contremynyng / xxiiij / pycosys / xij / leuers of yron / two dosayne of spades and two dosayne of baskettis / xij / dosayne treen shouellys / viij / grette tubbes & diuers bukkettes
¶How a fortresse ought to be stoored and purueyed of fresshe watre ¶Capitulo / xvijo· /
Where it is so as vegece saith / that a grete proffite & grete ease it is to a cite or a fortres whan quyk springes of fresshe watre may be there in conduyttes or welles / Neuertheles yf it be so that in som parties the kynde of the grounde be not dysposed to noo fresshe watre / a remedy muste herto be hadd to the best / that is to wite yf the fontaynes & the spyrynges be without the walles of the place al most nygh the cyte or fortresse / it behoueth to theym of withynne for to kepe & deffende theyre watre with gode shotte & by strō ge hande / yf cas where that the enemyes wolde kepe hit from them / And yf the sprynge be somwhat ferre fro the place / thenne muste ther vpon be bylded & made a lytel toure deffensable by whiche shall the watre mowe be kepte and deffended with the strengthe of men of armes and by shot / And with this in all suche citees and fortres oughte to be made diuers cisternes in suche places where men may receiue Iune the rayne watres that fallen doune a long the thackes of thappentyzes and houses / and to kepe them euere more full of suche watre and namely of conduitte or ryuere watre / for the watre is wel kepte in suche cisternes by meane of the grauell & zande & is ful holsome to be vsed / sēblaly sayth Aristotle that salte watre of the see or that cometh out of bytter conduyttes and sprynges becometh gode & swete yf it be passed & straygned thrughe pypes made of waxe / And [Page] morouere is a grete quantyte of vynaig [...]e muche proffytable to be hadd and nameli [...] Some tyme / For hit reffrescheth wel the body to [...] it with watre / whiche thinge is ryght well knowen in ytalye / And yf the fortresse is sette vpon the see and that salte happe there for to faille / men shall take of the watre of the see and shal be putte in vesselles that shal be of lytel depnes & brode / whiche vesselles shal be sette to the sonne or vpon a fyre tyl the watre be consumed awaye / and by this manere of waye shal the salte be fonde in the botome /
¶How it is of necessite that to a garnyson of a fortresse be putte gode men and true And herto gyueth an ensample ¶Capitulo / xviijo· /
FOr al thinges or the moost parte to shewe and deuyse that be nedefull and couenable to the deffense of cytees and fortresses / it is to be knowen that the soue ayne garnyson that longeth therto is of gode & trusty men and that loue the place wel / For where as al thinges were acomplyss [...]hed & wel ordred & that this onely thinge shulde be fawted all shulde be nought there / & to take this for a tro [...]the / and that a grete euyll may come therby / where thenne folowyng this propos / where as ensampl̄es be comonly more penetratyffe in the eeres of the herers than prouffes that be made by argumentes or reasons / shal bring forth many one for a wittenes of the same And first in rehercyng that whyche the other Auctoures testyfyen and sayen / that is / that the grettest gode that can be / is peas loue and vnyte to be had in a comynalte without diuysyon / and that an ouer harde thinge it were / that suche peple myght be of what someuere puyssaūce or power dyscomfyted and dystroyed / & thys approueth the ansuere that the wise magicien tinsealx madevnto [Page] Scypyon whan he axed hym how it might be that they of the cyte of Munyence hadde kepte hem self so longe ayenst the puyssaunce of the rommayns / he sayd that it was by the ryght grete concordaunce that was emonge hem / and with peas & vnite is also ryght good to be had in a fortresse or cyte suche prynces or soueraynes that owe grete fauoure & a loue to the place / as the noble Canullus wel shewed that souerayne was of the romayns oste / whan that Brenyus of swaue had dystroyed the cyte of rome by werre and went awaye wyth proyes and grete rychesses But the said noble men not wythstandynge that the romayns hadde exilled hym wrongfully out of theyre cyte / whan he knewe the grete myshappe he was full sory / And gadred soone of folke al that he myght doo for he was of a grete auctoryte / and went ayenst Brenyus that noo kepe toke of hym / and slewe a grete parte of hys peple and hym self putte to flight and a grete hauoyre he dyde conquere there of the whiche he bylded rome ageyne and brought in ayen with hym theym that were banysshed / And for this cause he was called the seconde Romulus / And euyn thus as a ryght grete good Ioye and gode happe is or cometh to a cyte whan she is in peas and vnyte within her self / ryght so / all euyll / desolacyon and parell is there in tyme of dyscorde and ofdiscencion the whiche thinge is her totall and veray destructyon / as namely saith the holy scrypture / For by dyscorde and altercacyon cometh and aryseth comynly a grete dyfferent and contencyon amonge the comynaltee of a towne / that is to wite thrughe cause of pryde and of arrogance one ayenst another by enuye and by coueytyse wherof may noo good come / as it happed in rome of theyre bataylle cyuile that to the rommayns was so gretly preiudycyable that al most they [Page] had vttirly vndoon & dystroyed hem self therby for the grete pryde that was in theyre prynces that is to wite Scilla & Maryus to whome were come to ayde of two parties pompee / Pertorius and Marius that othre hyghe men were of grete proesse and auctorite In whiche werre were slayne in dyuers bataylles or euere hyt ceassed / as Recounteth the historye / xxiiij / of theyre prynces that were hed captaynes / six of theyre souerayns and / xl / highe barons / & of the romayn peple / C / l / thousand without other [...] straūgers that were to theyre ayde / So ought wel to be eschewed suche an euyll & acursed contencyon and debate
¶Of the same /
YEt to this propos of puttyng trusty folke in to castelles & cytees / and that gode kepe ought to be taken that they be not ouer muche couetous / as by thys manere of waye many cytees and townes haue ben betrayed solde & robbed / It apyereth by thensample of the cyte of Sinopen that was grete stronge riche and full of peple / whiche Mytryda [...]es the kynge had taken to two knyghtes that he reputed good and true to hym / but full euyll they kepte hit [...] For them self wyth theyre folke dyspoylled it / and after that they had sette hit a fyre they fledd and went awaye wherof a merueyllouse aduenture happed For thenne as the duke of the oost of the romayns dide arryue there for to sette his siege bifore the towne / he had grete merueylle what that myght be And whan the cas was tolde hym he made to calle atte the yates / and whan the yate was open he gyuyng to them of the towne gode assewrance / made his owne folke to putte out the fyre / And thus was werred the sayd Sonopen by theym that shulde haue kepte hit sauffe / And socoured and holpen by them that trowed to haue dystroied hit a noone / [Page] ¶Item that couetouse folke may be of grete hynderaunce vnto a cyte or castelles / It appyereth by the wordes of Iugurta the kynge of Munydye that a grete enuye and couerd hate bare to the rommayns hydd vndre coloure of feynted loue / but for to deceyue hem bettre he gaffe grete gyftes vnto the pryncypalles of them / and in this dooynge he sewed sedycyon and dyscorde emonge the cytezeyns / And thus werred them theyre ennemye that they reputed for a frende wythout that they perceyued it nor were aware therof tyl that at hys departyng fro rome where as by fyctyon of grete loue he was come / he coude not kepe hys herte that was swollen wyth enuye / but he muste caste out suche aworde / Thys stronge cyte were lyghtly to be taken who that hadde ynoughe for to gyue / ¶Wyth thees thynges is to wyte that many a tyme is happed a grete Inconuenyent in cytees and landes / and namely in an ooste by cause of grete quantyte of strangers / as hyt happed in Rome in the tyme of theyre conquestes where they had an vse to take in scruyce wyth them the prysonners that they toke for to doo suche occupacyon and besynes as they wolde sette hem for to doo / ¶Wherof it befell that ones so many they had / that more than tuenty thousand arrose togyder as rebell ayenst the rommayns and bare them muche grete dommayge or euere they coude comme at an ende for to destroye hem / But after thees thynges thus sayd whiche may serue for ensample we shall retourne to the fyrst propos
¶Of leyenge of a syege / and of sawtyngys of fortresses ¶Capytulo / xixo· /
WHen the tyme is comme that an oste cometh to laye a syege byfore som cytee or fortres / whiche tyme ought [Page] comonly to be yf the hed capytayne be wyse in the season of heruest or soone after / by cause that thenne it is to hym profytable for two reasons / One is / that he shal fynde more of vytaylles vpon the feldes / and that other by cause that he shall greue dobly hys enemyes / that is to wyte by syege & assaulte and by takynge awaye fro them theyre corne / and theyre wyne and theyre other vytaylles whan they sholde gadre theym for to fournysshe theyre towne / And he shall see that hys ost be lodged the moost nere that he may / and shall wel aduyse afore the grounde and the sytuacyon of the place yf be he not by some other suffysauntly therof informed / to thende that the syege be layed best to his advauntage for to dresse hys engyns vpon a conuenyent grounde / and to advise what parte he shal best gyue assaulte / And yf it semeth hym best he shal doo make about the ooste good dyches and shall fortefye the grounde aboute wyth palys as it were a fortres / to thende they may wythstande to them that might comme for to reyse the syege / or namely to theym of the castel yf they yssued out ayenst theym / And yf it be soo that of all sydes the place may be beseged / the bettre it is / but yf there be eny hylle or som other thynge that letteth / Neuertheles to al the partyes that be playn shal be made trenchez or pallys fro one syege to that other / so that they of wythynne may not yssue out wythout daunger / And from al sydes he shall ordeyne semblably sewre deffense and good watche atte euery owre / And so shal aduyse by what manyere the place is mooste prenable / And yf it be to be scaled he shal fyrst late make dowble ladders as many as shall nede / and shal make to be had awaye wyth the shot of engyns al that that letteth of the walles / and thenne shall the ledders be sette vp that shal be armed at the vpper ende wyth [Page] grete hokes of yron that shall a grype the batellementes or fensynge of the walle / and the neder ende shal be harnessed wyth sharp hedes of yron whiche shal be sette depe in to the erthe to thende they be not ouer thrawen doune by theym that deffende the towne / And forthwyth of all sydes shal begynne the assawte / ¶And yf vndremynyng semyth hym goode / goode wherkmen that can skylle shal be sette to werke for to delue vp the erthe / and they shal begynne so ferre that they of wythyn shal not by no waye see the men that bere out the erthe / ¶And so depe shal the myne be made that hit shal passe vndre the dyches whyche shal be vndre shored wyth good tymbre tyl that they comme to the fondementes of the walles or lower / And by thys manyere of waye they shalt fynde the meane to entre ynne yf gaynsayde be not doon to hyt / ¶And wyle thys vndremynyng is a doynge the wyse Capytayne ought not to be styl lest they of wythynne fele or vndrestande by theyre scowtwatche the sayd vndremyners / But shall trouble and vexe them wyth dyuers and contynuall assawtes / so that the noyse the doynge and the bruyt shal stop theyre heerynge / For strokes of crosbowes thykker than flyes / Bombardes / and gonnes wyth the horryble sowne of theyre stones caste ayenst the walle / the noyse of the assawters / the sownes of Trompettes and the feere that they haue of them that cleme vp the laders shal gyue hem ynouge to do / and so they shall not be lytyl occupyed / ¶Item and yf it hap that the said myners may perce the walles wythout they be perceyued / they shal soone sette on a fyre al the tymbre and shores that they haue sette vndre the walles whiche shal thenne breke and fall doune al attones / and thus shal entre the toune the men of [Page] armes / And yf thys thynge can not help by cause of the grete strengthe of the place and of the grete garnyson / the wyse capytayne that desyred to haue hyt shal seke by another manyere of waye for a remedye therunto /
¶Here begynneth an ordynaunce of leyenge of a syege & sheweth that whyche behoueth therto for to sawte a ryght stronge place after the tyme present / ¶Capitulo / xx /
WHat that vegece vpon whos boke of knyghthode we haue founded the most partye of thys present werke hathe spoken in general termes after the manere and vsage of the preu auncyent conquerours past ynough suffysauntly to goode vndrestanders of the thynges of armes / Aswell in this that toucheth or may touche fayttes or dedes of bataylle and of that that dependeth therof / as of that whyche bylongeth to assaylle Castelles and Townes by see and by lande / As it shal be sayd herafter / ¶Neuertheles for to gyue a more partyculer vndrestandynge / not to theym that knowe hyt / but to theym that in tyme comynge shal mowe rede and here it desyrynge the knowlege therof / ¶Where the scrypture in bokes is a thynge perpetual as to the worlde / it semeth me goode to adde in thys oure sayde werke more partyculerly thoo thinges that be goode and propyce to assaylle Cytees Castelles and Townes after the manere and waye of the tyme present for to gyue therof a more Intellygyble exsample / And ryght so and semblably that in the thynges sayde and to be sayde we haue holpen vs of the saynges of the boke of vegece and other Auctoures / We shal in thys helpe vs of the counseyll of the [Page] wyse knyghtes that be expert in the sayde thynges of armes / And what that therof a grete lawde shulde apparteyne to theym where as they be wel dygne of honoure and reuerence / asswell for thys cause / as for other bountez Wysedomes worthynesses of knygthode and noble / vertues that ben in theym / It pleaseth not to theyre humylyte to be aledged nor named / Wherfore they that shall rede or here thys fayre ordynaunce that foloweth shal not therfore despyse hyt / but shal be content of the same / thynkyng ye dommage it were that the feblenes of a lytyl paper that Rotyth in a lytell tyme shulde haue brought to nought the mynde and remembraunce of so notable ordynaunce whyche is wel worthy to be enregistred to thende that it may be socourable namely in thys royalme yf the cas in tyme to come befell / Soo shall we suppose thenne a ryght stronge place sette of one parte vpon the see or vpon abygge Ryuere grete stronge and ryght dyffycyle to be taken as suche there be / to whyche men wyl laye a syege by grete appareylles how long that it lasteth / ¶And vpon suche appareylles and ordynaunce as longeth therto we shal fyrst speke of the gonnes and engyns / That is to wyte two grete engyns and two other mydelbare flyghynge garnysshed and redy of al thynges for to caste / ¶Item foure Coyllardes all newe garnysshed and abled of alle thynges hauyng eche of them two cables & thre slyngis for to chaunge whan nede shal be / ¶Item foure grete gonnes that one called Garyte / that other rose / that other Senecque / and that other Maye the fyrst castyng aboute fyue hondre pound weyght / The second castynge aboute foure hondre / And the other two abeute two hondre or moo / ¶Item another gonne calle Mountfort castyng thre / C [Page] pound weyght / And after the maystres the same is the best of all / ¶Item a brasyn gonne called Artycke castīg hondre pound weyght / ¶Item / xx / othre small gonnes castynge pillettes of stone It dyuers other small gonnes castyng pyllettes of leed and comon stones of hondre or / vj score pound weight / Item two other grete bombardes & six lesser / Item two other grete gonnes eche of hem castyng about / iiij / C / pound weyght / and foure small / Thre other gonnes wherof one grete and two lesser / Item xxv / other gonne stones castynge som two som thre and som foure C / pound weight and / lx / other small / And they all ought to be stuffed with fete of strong tymber and of al that that longeth therto / the whiche forsayd gonnes ben in Some [...] xlviij / whiche distynctly be named by cause they be dyuersly sette and ought to be so / after the sytuacyon of the fortres
¶Here deuyseth of the gonne pouldre that longeth to the sayd gonnes and of other stuffe ¶Capytulo xx [...] o·
FIrst: xxx: M: pound of gonne pouldre wherof the half muste be in stuffe: Item thre thousand sackes of charcolys made of wilowe tree: two: M: sackes of charcolys made of oke tree: xxx / bassenettes eche of hem with thre fete & wyth a longe taylle to kendle the fyre for the said gonnes & / xxx / belowos / It for ye said gōnes tocarye fro one place to another to eche of hem alonge cart for to carye the sayd pouldres & other habyllemētes / xxv short cartes eche of hem wyth thre horses / & garnysshed of that that longeth therto / Item foure or fyue hondred tāpons of tree for the said gonnes /
¶Of the gonnes mantelles / ¶Capytulo / xxijo·
FIrst six grete mantelles for the said six grete gonnes eythre of hem of / xij / fete brode and of / xxx / fete of heyght And of two fete thikke: Item two grete flatte mantelles [Page] eithre of them of / xxiiij / fete of lengthe and of / xxvi / feet of height / & they shal be made al of tymbre of half a fote square & of white borde fiue inches thikke & fiue wheles of elme tree to eneriche of hem with diches atte euery side / Item another grete mantel with a pointe like to the two othre mantelles & men shall make whan they wil haue one alone of thees thre / It x other small mantelles eithre of them of / xij / fote of lengthe & of / ix / or / x / fete of height whiche shal be of the facion of the six grete mantelles aboue said / & eche of them shal haue a litel wiket open for to shote a gonne whan nede shal be / & shal the borde largely be thikke foure inches & eueri one shalbe vpon thikke sled wheles / It two other matelles that shalbe al vpon wheles in manere of cariage made lyght borde of an inche thikke or ther aboute with shal serue to kepe fro the shot whilis the other shalbe asettinge / & two other mātelles with pointes eithre of hem sette vpon / iiij / sled wheles / It more euere viij grete mantelles for the said grete engyns & coillardes whiche shalbe made of timbre half a fote square euery mātell conteinīg / xxxvi / fete of lengthe & xviij fote of height / Item two grete Instrumentes with armes for to lifte and dressee vp the forsaid engins
¶Of the habillementes for to conueie & arriue the thynges that ben nedefull to an assawte ¶Capitulo / xxiij
We haue al redy supposed bifore that ye fortres to yt whiche this ordynaūce sholde be made for to lay siege to it / shulde be sette of one parte vpon the see or vpon abigge riuere / & therfore we may yet suppose that ye said habillemēt of wode shulde be made in som forest moost next / & that in shippes & other vesselles the watre might be conueied & arriued in to the felde where the ost is or in som other place nyghe by Soo shal we say of the other engyns couenable to drawe [Page] out of the shippes the tīber the stones ye p [...]pes & other thīges first an engine for to drawe the stones out of the ship [...] & to charge them vpon cartes for to carie them there as the gō nes be & there as nede shulde be / It litel cartes called marty mettes for to carye the mantelles & the tymber that serueth for ye engins from the shippes vnto the place where as thei shal be dressed / It two grete long cartes with ferrementes for to carie ye roddes of the engins fro ye shippes to the pl [...]ce
¶Deuised of othre habillementes that behouen C / xxiiij
In the said forest moost next as it is said shal be ordeyned to be made / v / C / & / xl / paleb [...]rdes called penelles eithre of them of / xiiij / fete of lengthe & of / xij / fete of brede / & a moūten theee / v / c / & / xl / penelles to a / m / iiij / c / fadom & to euery penell bilongen two trestelles wherof the one ende muste be morteised within the penell or palleborde / & at the other ende ben two fete / & they muste be garnissed with hirdellis for to make the aleies & weies to go ouere / It / v / c / lvj penelles for litel pales of / x / fete of height & of / xij / in brede whiche v / C / lvi / penelles maken / xj / C / fadom / And by thaduys of them that best can skyle thees forsayd palebordes shal be sette and dressed to what parte that they wil for to make ba [...] tylles and bolwerkes afther the counseill of the mais [...]s of the werkes / And to the sayd bastylles muste be made foure yates / and vpon euery yate dyuerse deffences and fortyfycacyons made after the manere of toures and other batellementes deffensable rounde aboute for to wyth stande aswel the gonne shot / as the shot of crosbowes and other shot / Item with this shal yet be made fyue / C / trestelles of x fote of lengthe and eighte of heighte whiche shal serve to make alcyes vndre couert for the sayd mantelles and for the bewfray that men shal make yf nede be / It / xj / M hirtellis [Page] for to couere the said trestellis and mantelles / and to make bolwerkes with all yf it be nede or other thynges that ben necessary / Item of pinnes of wode to ioine the said palys with eight tonne full or ther aboute / Item moreuere with thees thinges shal be made a grete baerne with in the said forest that shal haue / xxiiij / fadoms of lengthe & eight of brede for to putte in the mylles & other necessaries for to serue them of the ost & that shal be ordeined for the sayd bastille /
¶ Capitulo / xxvo· /
FIrst / CC / crosbowes / xxx / other crosbowes with a tourne or pelye / & / C / other with a hoke / It / CC / M quarelles / l / thousand other quarelles called dondaynes or grete shot / xij / tournes al newe for to bende crosbewes with all / It / ccc / hādbowes eithre of them garnished with thre strenges / l / othre tylloles for to bende crosbowes & / l / bawdrers / It / cccc: l: of threde made of senewis for to make strenges for bowes. It yet beside this for a stowre: viij: C strenges for the said bowes: Item: xij: M: arowes
¶Other habyllementes of werre ¶Capytulo / xxvio· /
FIrst: xij: c: paueyses: cc: fyre pannes &: xxx: other fyre pānes of xvj fote of height strongly yroned with grete bendes of yron for to be pight in to the erthe: It xxvij C touteauls or pitched ropes for to brēne within the sayd fyre panis: It iiij.C axes of werre facioned asswel after fawken wise as other: It for the mine foure: C picoses a M shouels of wode iiij: c: scowpes for to uoide watre with all xij grete hokes of yron with two bokels to eithre of them It m v c bakpaners al garnished CC lāternes It m of grete yron pīnes of a fote & a half of lengthe & xij c of other lesser pīnes of yron It iiij barrelles full of nailes wherof ye nailes of one shalbe of half a fote lēgthe ye other of iiij inchis [Page] that other of thre Inchis and that other of two Inches / Two ropers / two bowrelers / two whele wryghtes / two tourners for to make tampōs / two or / iij / thousand of yron two long cartes laden with Elme wode for to make the sayd tampons with / lx / bondelles of style / lx / chaldernes of seecolys two hondred sakkes of charecolys / two thosuand pound of rop threde for the ropys of the engyns / ¶Item for the bourelers / xl / cowes skynnes tawed and dressed for to make the slynges of the engyns / xxv / skynnes of white ledder for to make girdels to the said slynges / ¶Item for thewhele wryghtes shal be taken wode asmuche as they shall mystere oute of the forsayd long cartes / ¶Item for to kepe the ropis the threde / the ledder the yron pynnes and other thynges necessary to the engyns shal be made redy / xij / tonnes wyth lockis and keyes to eithre of them /
¶Here folowe the gonne stones ¶Capitulo / xxvijo· /
FIrst / C / and / l / stones redy dressed for the gonne called mount [...]ort / Item six score stones rounded and redy dressed for the grete gonne / Item / iij / C / other stones for the small gonnes / Item / vi / C / other stones for the said gonnes that shal not be made rounde / Item for the engyns / iiij / C / stones al redy dressed for to cast / and fyue or six / C / that shal be but squarred / And all a moūten to the some of two thousand / ij / C / stones or ther aboute / Item six thousand of leede for to make pelletes
¶The smalle habillementes for to sawte by waye of vndremynyng ¶Capytulo / xxviij /
FIrst a / C / fote and fyfty leuers of yron / xvj: Ioukes for brygges to make with all foure & tuenty grete strong ladders of double steppes for to susteyne foure men of armes vpon all of a fronte of / xxxvj / or: xl: fote of lengthe [Page] and to euery of thees ladders moost be ordeyned thre pouleyes atte the vpper ende ¶Item / vj / or / vij / other ladders of xxiiij / or / xxvj / fete of heyghte and other smaller
¶The squarre tymbre to make that that folowe / ¶Capitulo / xxixo· /
FOr to make a werrely holde that men calle a barbed catte / and a bewfray that shal haue / ix / fadome of lengthe and two fadome of brede / and the said catte six fadome of lengthe and two of brede / shal be ordeyned all squarre wode for the same aboute foure hondred fadom a thousand of borde / xxiiij / rolles and a grete quantyte of smalle wode / The naylles that seruen to the same as here aboue is wryton Itē six mastes eueriche of thre score or foure score fete of lengthe that shal serue to the sayd bewfray and catte after the waye that oughte to be ordeyned / ¶Item foure hors mylles whyche shal haue but two wheles and euery whele shal doo tourne two mylles / and they shal be sette wythyn the barne aboue sayd / ¶Item foure barrelles of talowe for to enoynte the engyns / cartes / mantelles / mylles / and that that shal nede / Item thre dosaynes of poleys of wode / and / xij / other poleys of copere
¶The werkmen necessary for the sayd habyllementes / ¶Capytulo / xxxo· /
FIrst for the engyns to euery engyne foure persones one emonge other besyde the mayster / and the massōs that muste be had there / that his to wite two / ¶Item six hondred carpenters that shal be ordeyned for to lyfte and arreyse [Page] vp the bastylle / the mantelles / bewfrays and cattes and other habyllementes / whiche carpenters shal be ordeined ten and ten / and constables and vynteners shal there be vpon hem that by ordre shall departe them to the knyghtes for to dresse vp the palysses there as they myster to be sette by the manere declared herafter / ¶Item six / C / other men that shal gyue ayde to the sayd carpenters whiche shal be semblably sette by ordre of nombre ¶Item two thousand labourers for to make trenchez and the dyches about the palysses and other necessary thynges the whiche shal be sette & ordred as aboue is said / ¶Item shal be ordeyned a hondred knyghtes and esquyers suche as men wil chuse therto wherof eythre of theym shal be charged and comaunded for to make fyue penellys of palysses to be sette vp and to make dyches rounde aboute / And eueryche of hem shal haue vndre hym a dyzener of carpenters and a dyzener of helpers and also thre diseners of laborers for to make the same / And six cartes with the carters for to carye the said palysses fro the shippes where as they shal be vnladen out as it is said vnto the place / And eyther of the forsayd knyghtes and Esquyers shall haue by wrytyng the names of theyre dyseners whiche in lyke wise shal gyue by wrytyng the names of all theyre felawes / And shal euery dysener haue for his felaweship onely a cressette or fyre panne sette vp euery nyght garnysshed with / L / tourtellis to brenne and holde lyght with all / And there shal be certeyn folke comytted of whom they shal haue the names for to delyue [...] hem shouels pycosis and spades / ¶Item for the gonners shal be appoynted / L / Carpenters and tuenty labores forto sette theyre mantelles / for to moeue and sette theyre gonnes / and for to make trenchez & dyches of whiche carpēters [Page] and labores they shal haue the names and rewlers shal [...] be there commytted for to rewle them / And they shal haue theyre owne cartes by them self for to carye theyre gonnes & theyre habillementes fro the shippes vnto the place / Item they that shal haue the rewle ouer the coyllardes shal haue with theym / xx / laborers for to pight thees engyns and theire mantelles in to the erthe and for to make trenches and dyches a boute / and they shal in lyke wise haue theyre cartes & folke by theym self / And by semblably manere shal be ordeyned hym that shall haue the charge and the rewle of the grete engyns / whiche shal haue onely for hym self / xvj / long cartes / ¶Item to theym that shal be admytted and ordeyned for to rewle / kepe and dystrybue the gonne pouldre / artyllerye and other habyllementes shalbe deliured for to carie them / viij / long cartes And the other nombre of cartes shal folowe for to bryng & arryue the vitailles fro the schippes vnto the oost / and other necessary thinges / ¶Item to hym that shal haue the charge of the mantelles shal be deliured xxv / cartes for to carye the said mantelles and the tymber that nedeth therto from the said shippes vnto the place / and L / werkmen after the ordynaunce a forsaid
¶Here deuyseth of the vytaylles and habyllementes and of kepers of passages / ¶Capitulo / xxxj
Wyth thees thīges shal there be ordeined certeine knightes or esquyers notable folke alswell for to kepe the portes and the passages / as for to conueye the said thinges to one of whiche shalbe comanded for to kepe the passage of the ryuere with a hondred archers and / CC / pyknares / and shalbe delyured vnto hym / C / paueyses / x / gonnes and the pouldre that behoueth therto / ¶Item another knyght or squyer shalbe charged for to lede & conueye six score vesselles [Page] or ther aboute laden wyth vytaylles and of artyllerye / gonnes paueyses and other habillementes / and shal haue with hym two hondred men of armes a hondred balesters and / c [...] carpenters all archers yf yt may be / Item another knyght or esquyer sage and experte shal conueye the grete shyppes wherynne ben the grete gonnes / the coyllardes and engyns vytaylles and all habyllementes / and shal haue wyth hym a hondred men of armes & a hondre men of shotte / ¶Item for to conueye the vytaylles that shal come by lande and other nedefull habyllementes shall there be ordeyned another notable knyght or squyer that shal kepe the marchauntes vytayllers that they be not robbed nor espoylled and shal haue wyth hym two hondred men of armes / a C crosbowes and a hondred archers / And of another parte vpon lande shal there be another that shal conueye semblably the forsayd necessary thynges that he shall haue with hym men of armes and of shotte after that it shal seme gode to be doon /
¶Deuyseth of other habyllementes ¶Capitulo xxxij
OTher knyghtes and esquyers / vj / or / viij / wise and expert in armes shal be chosen and stablysshed for to chuse and aduyse the place where the syege shal be leyde and the bastille sette vp / and also of engyns / gonnes and other habyllementes / Item there shal be ordeyned maresshalles for to departe and deale the lodgyses to the best that may be doo and to see that the vytaillers and marchauntes may be lodged at large and wel & also folke of crafte to thende the ost may be the better serued / ¶Item there shal be a crye made in al the townes there about that men brynge vytaylle from all partyes in to the oste and the gode men shal be wel payed and kepte from alle dommage / ¶Item another crye shal in lyke wyse be made vpon peyne of dethe [Page] that none mysdoo nor hurte by noo manere of wyse in noo thyng the sayd vytayllers / crafty men and marchauntes and noo thynge be take fro them wythout money / And also that noone be so hardy to sette hys ware at a higher pryce than Reason and tyme requyreth nor to selle them for to be borne out of the oste
¶Deuysed the manere for to lette and kepe the hauen fro the enemyes ¶Capitulo / xxxiiij /
By cause we haue said here by fore that for to assaylle a fortresse grete and stronge of whyche the one syde is vpon the see or vpon a grete rynere / were expedyent the forsaid appareylle to be hadde / It byhoueth also to aduyse how thayde and socours that by the see myght come to the sayd fortres myght be letted / It is to be knowen thenne / that there muste be hadde / x / or / xij / grete olde vesselles of the see that shal be charged with stones asmuche as they can bere whiche vesselles thus laden shal be broughte in to the hauene of the said fortres or towne and there they shal be drowned so that they shal compryse and fylle all the said hauene that noone other manere of shippe shalle mowe come therynne for to approche the said fortres nother by floode nor by hygh sprynge of watre / ¶And for suche vesselles to conveye by cause noo lettynge cowde be putte therto there shal be a gode captayne ordeyned that shal haue with hym foure thousand men of armes and fyue hondred men of shot or moo / whiche shal be in other shippes and shall drawe after hem the sayd shyppes so laden with stones And yf eny gytee wharffe or eny brygge were there or som other grete ryuere wherby the dyches were fylled / this felawship myght breke hyt therwhiles and gyue an yssue to the watre for to haue hyr cours to another parte / And vpon the sayd shyppes so [Page] drowned as it is said may be made two bastilles that shulde be made in manere as bolwerkes / that is to wite an edyfyce made with grete tymbre as highe as men wil / whiche may soone be doon that hath help ynoughe and thys bastylle muste be aduironned with hirdels aboute and dawbed thykke with erthe and clay therupon / and it may be sette vpon wheles / And this edyfyce feereth nother fyre nor stroke of gonne by cause the pellettes and stones that are shot fowndren depe in to the erthe that softe is / nor [...]yre may not take therto / And the bastille of whiche is spoken bifore made with palysses ought to begynne atte this bastille made of erthe / And thus to goo rounde aboute the fortres or towne who that may from that one bastylle made with palisses to that other bastylle made of erthe / And al thus by takyng awaye of the ryuere and to doo after this manere yf the place be so dysposed the dyches shal be made dreye / And wyth thys men shall mowe make a gytee aboute the toune in manere as bolwerkes as it is said / by cause noo gonne nor noo manere of shotte shall hurte the ost / And by al thus men shal mowe myne the castel or towne syn the watre is taken from hym / and when the catte and the bewfrais shalbe lefte vp and dressed / and that the gonnes shal haue broken the walles / then shal men surely assaylle
¶Deuysed the engyns that be couenable to the fayttes of assawtes / ¶Capitulo / xxxv /
ANd it is to be knowen that for to sawte all stronge places there ben fyue pryncypall engyns as vegece sayth by the whiche men may take hem / that one is that same of whiche by force of a pouldre made of charcolys Salt petre / brymstone and suche mix [...]ions that behouen therto are caste by grete strengthe so grete stones that they bruse and [Page] shouen a doune all walles / houses / toures / and all that they recontre and of them be some of merueyllouse force that one more than that other / Item men maken another engyne whiche after is called as vegece saith mosselle or motelle / & is made as a flatte hons and large / and couered wyth horsdonge bicause that noo stones nor noo fyre may hurt nor gryeue hit / and it is made vpon wheles and may be caryed where men wil / within this engyn are folke hidde that drawe after them braunches of trees and all thynges that be good to fylle dyches with all / & by the same waye men may vse therof in suche a cas that wil wherby awaye shal be gyuen to other engyns to be broughte vnto the walles / Item the thirde engyne is called Mowton / and is made of tymbre in manere of a house couered aboue / vpon whiche couerynge and all rounde aboute are nayled rowhe hydes and all wete and fresshe by cause fyre shal not mowe take therto / In the forefronte of thys house is a grete maste that hath the ende couered with yron grete and massy Men drawe this maste with chaynes / and it is made by suche manere that men may shoue it forthe and wythdrawe hyt ayen so that they / that be within the engyns may smyte grete strokes with this maste ayenst the walles and so shaken that they be all astonyed wyth all / whiche engyne gyueth hys strokes euen soo as a rāme doeth whan he reculeth a bak for to hurte whith hys hornes / and therfore is thys engyne called a Mouton / ¶ Item the fourthe is called vygne of whyche men vse but selden but yf it be to a grete effort / It is made of grete tymber / and it hath / viij / fote of brede and / xvj / of lengthe / and is couerd wyth hyrdell is & horsdonge / to thende that stones may not hurte hym / and enuyromed al aboute wyth hydes rowh̄ for the fyre / Vndre the same engyne ben [Page] the men of armes that percen the walle and vpon pow [...]t leveiz that be made faste therto whiche are called flyghyng brygges and may reche vnto the walles / they sette and dresse vp theyre ladders to dyuers stallages / ¶ Item the / v / engyn is yet of more grete strengthe and lasse in vsage by cause that it byhoueth not but to the sawtes of grete and notables cytees or fortres and stronge places sore desyred where as a syege be kepte by longe leyser / Thys engyn is called Towre It is an edyfyce made of grete tymber and of tablementes with many loftes and stallages / And therfore saithe vegece that so grete an edyfyce ought to be wel kepte / It behoueth hym to be couered that may wyth lamynes of yron lest fyre sholde be caste or sette therin / or at the leste wyth hydes rowh̄ all fressle / To the whiche engynes men gyuen lyght after as they be hyghe or lowe For som be of / xxx / fote / som of / L / And namely som̄ there ben so highe that not onely they surmonten the walles / but also the highest towres / Thys engyn is sette vpon moeuable wheles that by force of men and of horses are ledde as nyghe the walles as men can / And flighynge brygges there be that as they be let doune men may therupon reche ouere the walles / And yf it hap that thys Towre may be approched [...] the walles / ouere harde a thynge it were / but that the towne shal be taken soone at an owre / For therynne ben grete foyson of men of armes in al the loftes and stallages / of whiche they of aboue with gode shode and hande to hande fyghten wyth them that ben vpon the walles and of lyght may ouercome hem / They of the lowe loftes or stallages percen the walle / And thus is the cytee or fortresse enuaysshed of suche effort that they of withynne wote not what parte to resyste nor deffende / so ben they abasshed and [Page] lightly taken / And it is that whiche vegece mente whan he saith / the more partes and by more engyns and more strengthe that thou shall assaylle the fortres all atones / the more are abasshed they that make deffence and the sooner they shall yelde hem vp / And by cause that for to doo thys / serven the ladders and muche proffyten herto / and in lyke wise all engyns that can be made for to clyme highe / It is nede for to make bettre thys manere of clymers / that men know fyrst the heyght of the walles / And therfore for to knowe thys vegece techeth it by two wayes / and sayth that an arowe shal be thrawen vnto the height of the walle / to the whiche arowe shall a long threde be made faste that shal be holde vndrenethe / and by this shal mowe be knowen the heyght of the walles / ¶Item that other waye is whan the sonne is so tourned that he casted the shadowe of the walles and of the towres to the grounde / thenne men may mesure the space of the walles wyth two staues y pyght atte eyther ende of the shadowe / And by thaduyse of a gode & wyse consyderer may be estemed what heyght the ladders and other engyns moste haue
¶Begynneth to speke of deffensynge of castelles and vytaylles / ¶Capytulo / xxxvo· /
IT is certeyn that lyghtly ynoughe myght al manere of a stronge place be ouercome and taken / without folke were there that shuld deffende hit and therfore euyn soo as vegece dide putte in his boke for the doctrine & techynge of [...] / the manyere for to assaylle citees & townes / and semblably for to deffende and kepe hem / here he saith that ay [...]nst the engyns aboue named and other dyuerse paryllis [Page] wherof myght be vsed in faytte of assawlte / yf ther be wytty deffensours that haue in them y• vertue of knyhthode / mar [...]y a remedye may be hadd / For there is noo syknes / but that som socours is gyuen therunto / And in armes is subtylyte mykel more worthe than is strengthe / as it happeth ofte / namely in takynge of castelles and cytees / As it beffelle som tyme of the rommayns that by a subtyl polycye & wytte / toke the cyte of capsa that longed vnto Tygram the kinge of Armenye that werred theym / For as the ambaxatours of the sayd cytee went and came for to treatte of [...]eas / the rommayns malycyously made on a nyght abusshement of them self within the gardyns that nygh were to the walle / and whan the said ambaxatoures trowed to haue entred ayen within the yates of the cyte / the rommayns [...]epte vpon the brygge so hastly that they toke the yate / And so long kepte hyt tyl the oost entred al ynne / And thus by crafte and subtyl witte was the cyte taken that was so stronge and so wel garnysshed that by noo sawtynge hyt myght not be taken / And moreuere sayth vegece that they that kepe and deffende a place haue more avauntage than they that doo assaylle hyt for dyuers reasons and namely in befyghtyng / For that whiche men caste from hyghe be it sperys stones dartes or other shot / the more highe that it commeth fro / the moche more hyt hurteth / To the whiche thynges yf grete vertue and myght be putte therto / noo manere of warantyse can not kepe theym that so assaylle yf they be hytte with all / but that they shal be beten doune as the thondre felle vpon hem First of all they of within may be socoured by theyre lorde yf he be not there hym self / that wyth a power of men shal mowe come to reyse the syege and to gyue hem socours / or by som other of theyre frēdes whome they [Page] shall ahue sent worde and prayde for helpe & socoure / as it be fell whan the duke Lentulus hed captayne of the ost romayn went ayenst the kynge Mytrydates / that sent worde to his folke that were withyn the cyte of Mycene that so stronge was that the see smote there at the one syde of her & was aduironned with double walles / that they shulde not abashe hem self for the grete puyssaūce of the kynge Mytridates & that soone socours they shuld haue / And a grete thynge it was to the messaūger for to passe thrughe so many folke & goo there / but it was by nyght and swymyng / where he dide putte two grete boteylles vndre his okselles & swymed / viij thousand passes in the see / and by thys manere of waye he cam and entred in to the cyte / And soone after was Mytrydates contresieged where his oost was brought to a grete mischiefe for deffawte of vitailles that from noo part might not come there / whiche thyng is facyble to be doo ayenst them that holde a sege / ¶Item they hem self or part of hem yf they fele hem self strong ynoughe / may yssue out wyth ryght fayre ordyinaunce that owre whan the enemyes be not aware of yf they see theyre poynt / and likwyse to sawte them as they be sawted / For by suche awaye hath ben an ost keping a siege oftymes ouercome and dyscomfited and it is necessary to al folke that goo to bataylle for the deffense of theyre contrey or cyte that they haue grete hope in god to haue the victorye for the gode ryght that they haue / or other wyse they shulde not mowe fyght hardely / And that they shuld haue thys hope / it hath be seen oftymes by the effecte that therof happed to suche fyghters / thus namely as it semed that it happed to them of the cyte of rome whan ones emonge other tymes / Hanybal with a ryght grete ost cam by fore the cyte for to haue hyt dystroyed / but where as [Page] the rommayns yssued ayenst hym by grete boldnes thoughe they were lesse by the thyrde part / than theyre ennemyes / oure lorde that wolde not that the towne where as in tyme to come he wolde edyfye hys chyrche / shulde be dystroyed / sent suche a grete showre of rayne that owre that they sholde assemble togider / that theyre harneys was so sore charged with watre that they cowde not helpe hem self / & forced they were to withdrawe them self / And after that thre tymes this had happed thus to them as it were a veray myracle Hanyball said / that he wolde not entrepryse noo werre ayenst the goddes / for well he sawe that they were fauourable vnto rome / Item how be it that pactes and conuenaunces that ben and may be often tymes doon ben som tyme namely more vaylable to honour and proffyt to them of within than to them of withoute Natheles whan they be thus as [...]sailled as it is said it behoueth hem to deffende them self therynne by vertue and strengthe of theyre bodyes withoute other remedye / & a gode corage mystereth them moche whyche may be seen by ensample of them of the cyte of Cartage whyche or euere they wolde delyuere vp theyre cyte to the romayns that wolde haue destroyed hyt / they loued bettre to deye / And kept the romayns styll with fayre wordes tyl that they had forged theyre harneys wherof they had deffaulte of gold of syluere / of Coper and other metalles by cause that bothe yron and stele were faylled them / and with the same armewres they deffended and kepte theyre cyte vnto theyre dethe / ¶So it behoueth to suche folke to helpe hemself wyth engyns / fyre / yron / & stones / strongly by grete myght and vigoure / that is to wyte wyth gode shot of crosbowes / and grete stones that shal be casten by the myght of the engyns / and they muste haue appareylled redy pitche / oyle / [Page] brymstone and towe to make with all grete stopselles that shal be shoten thykke to the engyns of theyre enemyes so long tyl that they be sette a fyre And men may make staues of drye wode all holowe withinne and full of fyre / of cyment of oyle and of towe and shute them to the sayd engyns / And semblably men may dystroye hem with an engyn castyng a slynge of yron with rynges / and besyde this engyn muste be made a forge in whyche shal be a grete barre of yron fyre glowyng hoot whiche shal be cast to the engyn without in what place that hit be / and ayenst this brenninge yron may haue no defence row leder nor also lamynes of yron /
¶Item of the same
ITem men may lete doune fro the walles certayn persones in grete maundes by nyght that shall bere fyre with hem and in dyuers places they shall sette the sayd engyns on fyre / ¶Item it hath be seen oftymes that they of withyn haue yssued out sodaynly and haue dystroyed bothe by fyre and yron the engyns of theyre enemyes / Wyth this he saith morouere that they of within oughte to aduyse that of that part of the walle where the sayd grete engyn called Towre is sette / yf suche be there / the sayd walle be made hygher so that it may ouer retche alwayes in height the saide engyn / For certeyne it is as he saith / that yf the walle be more highe / than is the sayd engyn of lytyl value but the besegers haue comōly one manere of a polycye that fyrst they doo bylde the said Towre in suche wise that it semeth lower than the walles / but after ward wey make another smalle toure wyth bordes and tablementes whyche is al waies couched doune vnto tyme that they wyl ioine this grete engyn to the walles / and thenne sodaynly they dresse [Page] hit vp with cordes and wyth grete hokes And by thys waye the men of armes assaylle sodaynly al attones the walle / and wythout grete deffense be made thenne of them of wythinne they shall entre & take the towne by force / But ayenst this polycye muste be purueyed certeyne grete mastes armed aboue wyth sharp ferrementes and with the same they shoue the said engyn abacke fro the walle / Item he sayth that som tyme whan the cite of the rodes was beseged wyth suche manere of a Towre moeuable of a merueillable heighte and muche more highere than the walles were / they of withyn seeyng the same grete edyfyce comyng ayenst hem aduysed them self the nyght afore of a grete cawtele / they perced the grounde vndre the foundementes of the walles / & there as they thoughte that the sayd grete engyn called toure sholde be broughte / they dalff the erthe and made a grete pitte as a caue vndre the grounde there / throughe whiche polycie whan the day was come that ye said toure was brought therevpon hys wheles and was of merueyllouse poys and heuy / hyt foundred and sanke doune in to the grounde that holowe was vndrenethe so that hit myght not be had vp ayen / And by thys waye was the cyte warauntyssed / And it is to be knowen that som tyme euery moeuable Ioyncture of suche engyns had a name appropryed / as it shal be exposed hereafter / And so whan the sayd Towres were Ioyned to the walles / the archers the slynge casters and al men of shot / and in lyke wyse the men of armes eueryche of hem in theyre rowme forced themself to take ye walles vpon & fro them of withinne whiche after theyre power chalenged & kepte them from ye enmies / So were the walles pourprysed / ¶ And sette rounde a boute wyth ladders ¶ Where as they of wythout putte hem self [Page] In grete Ieopardye of theyre lyues for to clēme vp to the walles the whiche manere of clemīge vp with ladders was first founde by them of the cyte of Capne / vpon whom they of within casted vesselles full of stones & them & theyre ladders with them bare doune al a tones / there were also engīs that called were sambuce / exester thelemon / sambuce is an engyn whiche is made in manere of a harpe able to perce awalle & it is made fast with cordes to the said towre / Exester was called the brygge that was let sodaīly doune for to go vpon it fro the towre vpon the walles / thelemon was an engyn that was pight in the grounde in manere of a highe maste / & atte the top of hit was made fast croswyse another more longe that went vp & doune like a balance doeth / & atte the one ende of it that was towardis ye walle a litell castel made with hirdellis & bordes wel ioyned & whan this litel castel was fylled with men of armes / ye other ende of this thelemon was lad adoune with cheines & ropis tyl that other ende was a litel higher than the walle & thus fought there the said men of armes that were within the said litel castel age ynste them of the towne / The deffēce aienst the said engyns were gode mangonnelles & grete bombardes & grete stones that with engyns were cast / and grete & bigge crosbowes wel bended with synewes and strong ropys
¶The remedyes aienst the forsaid engyns of asawte / ¶ Capitulo / xxxvj
Ayenst the engyn whiche is called mouton vegece techeth many a remedye that is to wite / that coyltes or matrases or sacques full of dounge large & wide as coyltes / shal be hanged doune ayenst the walle where as the maste shall smyte / and by the softnes of thees thinges so hanged a long the walle the stroke of the said engyn shal be corremped [Page] & vayne / Item men make another engyn whiche is called wolffe that hath an yron bowed with grete and sharp teeth whiche engyn is in suche manere sette to the walle that hyt cometh & gropith the maste of the mowton / and holdeth it so fast that hit can not be drawe nother forward nor bakward / and som tyme they drawe him with ropes vp wardys so that hit can not hurt them no more / Item & yf it happeth that the walle be by force perced or taken thenne shall they of the fortresse make with all haste another walle ayenst the broken walle / and shall close theire enmies yf they can betwene bothe walles & there they shall slee hem
¶Remedye ayenst the myne / Capio· xxxvij
AYenst that other manere of sawtynge of a fortres that is to wite by waye of vndremynynge that made is vndre the erthe / may be suche remedyes had / Fyrst they of within muste alwayes sette a gode watche vpon the hyhest partyes of theyre towres / to take gode kepe whether they can see from eny where men beringe erthe or som signe wherby eny suspecion may be had / and with this they ought often to herken bothe daye & nyght doune of the walle yf they can here eny noyse or smytynge of hamers / & yf it happeth them to perceyue eny thinge / they ought soone to make a cō tremyne tyl that they come to the vndremyninge of theyre enemies / & there with gode sperys & demy lances shall kepe that they shal delue noo ferther / but first they shall haue redy at the entree of theire contremine grete tubbes & other vesselles full of water & of pisse / & thēne they shall make as they dyde flee & att theyre gooinge out they shall lightly spylle ye watre castyng the tubbes & other vesselles dounward / & yf by the help of the women the watre might be sedīge bote hit were yet the bettre for / and by suche manere of waye diuers [Page] myners haue be caughte & slayne / Item we putte cas that they of the ost shulde haue doo so muche that they had wonne the walles / the towres & the yates of the cyte / shall they of withīne let hem self be slayne therfore as bestes / & by busshement & fere to be taken as men take the quayle vndre the sperhawke / Nay / but as valyaunt vasselles deffendyng alwayes to the dethe & hauynge styll a gode hope / they ought to moūte vp to the wyndowes of the houses & vpon ye thakkes / & with grete stones & tyles / sedynge water / hote asshis & quyk lyme / they shall kylle & slee theyre enemyes as thei go here & there by grete hepes for to spoylle the towne / & as they shall trowe to sette the houses on a fyre thenne shall they of the towne brayne hem with stones whiche they shall caste doune / and so dere they ought to selle theyre flesshe that hit be not for theire enemyes avaylle / For in suche a cas a bolde corage doubteth noo thinge / and by this manere of waye many cytees & townes that were surprised of theyre enemyes haue be deliuered free fro them to theyre tryumphall victorie & to the shamefill rebuke of the enemyes / for it is an ouere grete a thīge for men of armes to entre in anothers towne so that hyt be wel garnysshed & the dwellers of the same beinge of a gode corage for to deffende & naturally al man is bolde in fensinge of that / that is his owne / O what grete & a merueillable bronde of corage had they of the cyte of mayence ayenst theire enmyes whan they sawe that they myght nomore holde ayenst ye romains that had kepte siege so longe bifore theyre cite / for as they ye wolde rather deie & distroie the yre cite & theire godes / than that theire enmyes shulde therof be mastres nor enioye theyre grete tresors / for sore riche they were / they dide sett al theire cite on a fyre / that grete horroure was for to see al that there was in a flame where [Page] as perysshed bothe women and chyldren / And a noone after yssued oute and full dere they solde theyre grete yre & theyre deth vnto the rommayns theyre enemys / of whyche were many slayne or euer they coude brynge them at an ende / & nothynge they gat there / One thynge lerneth vegece / It is that yf thenhabytantes are come to this / late hem wel kepe hem self that they shette not the yates of theyre towne / For he sayth / that in suche a caas men ought to gyue rowme to hys enemye for to goo a waye yf it semeth hym gode by cause that yf he were kepte close / than myght hys strengthe be doubled within hym self sayd that noo power he shulde haue to slee yf nede were / ¶Item it happeth oftentymes that they of the oost doo fayne by cawtelle that they departe awaye & with thys goo som what ferre as some tyme dyde they of Grece / byfore the grete Troye after the fayned peas But soone after whan they thoughte that they of wythin were as assured and that they made no grete force of noo watche nor kept not hem self vpon theyre warde / thenne the grekes all styl by nyght tyme retourned and dressed theyre ladders to the walles / and went vp where they fonde the watchemen sore wery of longe watche doon in tyme past / that trowed thenne to be sewre / a slepe and cowpled one to other and so lyghtly they slewe them all / And by this manere of wyle many cytees & townes haue be taken / Thus was the grete cyte of troye distroyed & semblably shulde the cite of rome haue be dystroyed that tyme that haniball of cartage was at sege byfore had not be the crye of the ghoos that by aduenture awaked the watche / & bicause that suche thinges are comō ly att all owres / And lytell houses ought to be made vpon the walles for to kepe the watchemen from colde in wynter / and fro the Sonne in the somer / And in olde tyme [Page] was an vsage to norrysshe grete mastyuys & sore bytynge dogges in the said lytel houses and wythin the towres / to thende that by them shulde be knowen by theyre smellyng the comynge of theyre enemyes / Wyth thees maners and wayes of deffences / techeth vegece to them that be beseged and closed to be curyouse and dylygent for to wite & knowe by spyes and other meanes the couyne of theyre enemyes / Nor nothynge is more helpynge For by thys they may the bettre appoynte theyre dooynges / Wherby yf they be of a gode corage and that they may knowe that theyre aduersaryes be not vpon theyre warde / or that they be at theyre refeccyon takyng / or sportyng here and there / nor haue noo suspecyon that they of within com out to be fyght hem / thenne shal they sodaynly attones renne without the towne vpon hem / Ane namely yf they can̄ yssue out of som fause dore or posterne at the bak syde it is the bettre / and they muste kepe wel that theyre couyne and entreprise be not accused nor knowen / wherby som busshement myght be sett for them by theyre aduersaryes that shulde slee hem as they sholde com oute / But yf they can / surpryse them by the forsaid manere of waye and that a hardy corage lede hem / they shall mowe make hem self quit at that tyme of them / & to thys purpos of a hardy corage of cytezeyns makynge deffence for theyre cyte / hit was seen full merueyllouse within the hertes of them of the cytee of munyence in hyspayne that tyme that the romains by dyuers bataylles / had brought hem so lowe that they durste make nomore noon yssue out of theyre stronge cytee / Neuerthelesse they delybered emong hem that they shulde rather d [...]ie all than to lyue as bōdmen / but first they wolde selle hem self fall dere fightyng with theyre ennemyes / ¶And therfore of suche a quantyte of corne as they had dide brewe [Page] a drynke myxte withsuche manere of gere ye astre they had taken hyt they were all dronken So yssued they oute thēne and so grete fayttes of armes they made / that or euere they coude be all dystroyed / they had slayne almost al theyre enmyes / And yf that ony party had be equall in quantite to that othre party / not one Romayn shulde haue be lefte there alyue But to the fyrst purpos sayth vegece And yf it hap to fall so / that thys enterpryse be not fortunable for them / and that they be Robustly rechassed / they muste byfore haue ordeyned that the yate be redely open for them And yf the enmyes be so hardy that they come tyl vpon the brygge or namely wythin the gate folowyng the chasse / they muste be soone shet and closed wythinne / and that vpon the wallees be stones ynoughe / and gode shot for to cōueie them th [...]ns [...] al manere of engyns so that they all nor noo grete [...]ee [...]e retourne not a lyue / so shal not the getyng be al togyder fo [...] them / But yet it is a grete parell for to fyght vpon a brigge / Exsample by a kynge of Gallya called Brenyus which wyth hys grete oste that he led ayenst the rommayns / he onercharged so sore the brygge that he had doo make of tymber vpon the ryuere of the rosne that hit brak and therfore were hys men peryssed there / ¶Item and yf it happe that by a manere of patysse or by som accorde or treatee shulde be bespoken for to haue or delyuere afortresse men muste soueraynly be aduysed and wyly that the vntrouthe and trychery of som euyl and malycyouse folke may not deceyue the innocencye of the symple / For it hath be seen many tymes that euyl couenaunces and peas by fyctyon made vndre coloure of gode concordaunce haue letted moche more than hath doon strengthe of armes
¶Of bataylles that be made vpon the see / Capio· xxxviij
FOlowynge the thynges be fore said he toucheth shortly ynoughe atte the ende of hys boke / of som couenable weyes longynge to bataylles that be made vpon the see or vpon flodes and ryuers / And fyrst he speketh of the facion and makynge of the shyppes and galeyes / sayinge that nother in marche nor in aperyll the trees that thenne haue habondaunce of humore ought not to be felde a doune for to make eny shyppes with all / but muste be cutte & thrawen doune in Iully and in the moneth of Auguste whan the humidytee of the trees begynneth for to drye vp / and that namely the bordes that therof be sawen & made therof ought not to be occupyed tyl that the weet be cleen goon fro them and that they may shrynke nomore / With this he saythe that for to naylle the bordes of shyppes / the naylles made of bras are best / how wel that naylles of yron be stronger / but by cause that the bras hath more of moistenes within him self it kepeth bettre & more long in watre without rotynge ¶Item he saith that they that by the see wol goo be it in armee or to som other adoo / ought syngulerly to purueye of gode maryners expert and gode maistres that be able to that office / and that can well skyl of the wyndes / and whiche thynge may lette hem and whiche not from the parelles of the see / and that knowe the wayes and the straytes / and al so the manere of comyng out and of al manere hauenys & passages / and that can goode skyle of the lyght marynall that is to say the sygnes and sterres of heuen wherunto the gode maryners taken theyre regarde and dresseth them to theyre ryght waye / And also in al other tokens wyhche shewen fortune of the see to come shortly whiche tokens appyeren aswell by the sonne as by the moue / by the wyndes and [Page] by the byrdes and namely by the fysshe of the see / And that they be all mastres of rewlyng of theyre saylles / of drawyng of ropys and kables whan tyme is / and aswell of castynge as takyng vp of theire ancres whan nede requyreth as whan they fynde hem self in bataylle vpon the see / and in other aduentures ¶Item the purueaunces duely made as it apparteyneth / for to arraye a caruell ryght wel for the werre or suche veselles as men haue / they muste be wel furnysshed with gode men of armes and of shot / and he sayth / that thoo that goo for to fight vpon the see / apparteyneth to be bettre & more strongly armed / than thoo that fyght vpon the lande / by cause they meue not so muche / So ought they to haue amonge hem som small vesselles made at advauntage that may rowe and saylle byfore all other euery where for to aspye and knowe the couuyne of theyre enemyes / and when they come nyghe to seke them / men ought thenne to grete hem ryght well with gode bombardes and stones cast wyth dyuers engyns and with stronge balesters / and when the shyppes ben proched tyl eche other / the valyaunt men of armes that trusten in theyre strengthe putte doune the brygges and passen ouere in to the shyppes of theyre aduersaryes and there with goode swerdes axys and daggers they fyght togyder hand to hand / And in the grettest vesselles of werre men make som tyme towris and barbacanes to thēde that like as men do from the hyghe walles they might cast donne dartis and wounde and slee / It is a cruell thynge of suche a bataille where as men not onely by armes but also by fyre and by watre doo perysse and hauyng no powere to glanche a syde nor to flee / are lyuered oftentymes there all quyke & hole to the flode and vnto the fysshes brennyng arowes and dartes ben there thrawen that be lapt in [Page] tawe in brimstone in pitche and in oyle / ayenst the bordes of the shyppes that be made of drye wode and enoynted wyth pitche whiche lightly be taken with the fyre / And thus somme perysshen there by yron / some be there brent and the other be constrayned to lepe in to the watre without eny mercy / and by thees wayes perysshen dyuersly many one that fight vpon the see
¶Deuyseth of the garnysons that behouen to men of werre that ben vpon the see / ¶Capytulo / xxxix
SO ought fyghters vpon the see to be garnysshed of vesselles full of pytche and of rosyn / of brymstone & of oyle whiche thynges ought to be medled altogider & lapt al in tawe / & thees vesselles kyndled & glowyng hoot men oughte to caste in to the shippes & gallees of the enemyes / & to assaille hem strongly forthwith / to thende that they haue noo leiser to quenche the fyre / & it is to be knowen that there is a manere for to make & compose certeyn fyre whiche som folke calle grekys fyre / and yt may be so called wel / by cause that it was first foūde by the grekys beyng at the sege byfore troye / as som sayen / Thys fyre brenneth namely in watre / and stones & yron and al other thynges hit wasteth Nor hyt can not be quenched / but by certeyne myxtyons that men make for this cause / Also there be made certeyne poysons so strong & so mortall / that yf eny yron were touched with the same / and after ward shot or thrawen to the body of eny man so that the blode lytyl or grete cam out / the wounde shulde be dedely / But suche thynges ought not to be doo nor taughte for cause of the evylles that myght folowe For they that soo doo are deffended and accursed It is not gode to wryte them in bokes / nor more plamly to recyte [Page] them / be cause that it is not lycyte to noo crysten man to vse of noo suche inhumanitees that namely ben aienst all right of werre / It they that fighte ought always to awayte of al theire powere to dryue and sette theire enemyes a groūde & to kepe them self in the depnes of the see / Item to the maste of the shippe ought to be made fast a bygge tree whiche shal be armed with yron of that one part / and there sette by suche a crafte that men may haue hym vp & doune for to gyue grete strokes with all ayenst the shyppe of the enemyes & so may be brused to peces / whiche engyn may serue as doeth the mowton a forsaid / It they muste haue grete foyson of arowes with brode hedes that shal be shot ayenst the saille tyl that it be so peced & so rented that it can not holde wynde noo lenger so shal they not conne goo noo ferthere Item a croked yron mistereth them made after the facion of a ze [...]ll wel sharp and trenchaunt with a long hafte wher with all they shal cutte asondre the ropis & cordes that seruen to the shyp of the aduersaryes & with hokes of yron that they shal caste withinne they shall grype her / & so shal brynge her and theires togyder so that they shal not mowe escape It it is gode to haue grete quantyte of pottes filled with softe zande / whiche after they be ones caste in to the shyp of the enemies they can vnuthe stande vpon theyre fete so slydrye it is so falle they thenne in to the watre that be nyghe the borders of the shypp / And semblably ben good to be cast therinne pottes full of quyk lyme made in to pouldre whiche at the brekyng of hem shal fylle al theire eyen and theire mouthes so that with peyne they can see afore them / It with thys they oughte to be garnyshed of certeyn men that be lerned & taughte to swyme and plonge in to the watre / and wyth a long breth to kepe them self therynne / whyche men shal goo [Page] vndre the schip of aduersaryes whiles that the bataylle lasteth and with grete wymellis and awgours shal perce the ship vndreneth in dyuers places so that the watre shall entre on all sydes / Item grete foyson of stones / and sharp yrons ought to be there lanched aand thrawen and al other thinges wherby they may sooner breke the ship / After the forsayd thinges I may now wel vse of vegece hys owne wordes atte the ende of his boke thus saienge / I byleue that from hens forth I may wel holde my peas of the dyscyplyne of armes / For in thees thinges the custome and vsage fynde often more of the art and of newe thynges than thaū cyent doctryne doeth shewe /
¶Here fynyssheth the seconde partye of thys boke / & sequently foloweth the thirde partye that speketh of the ryghtes of armes after the lawes /
- THe first chapitre deuyseth by what meane xprystyne added to thys boke that whiche is sayd in the lawe of the fayttes of armes /
- ¶Item demaundeth Cristyne / & the maister ansuereth / yf the emperoure may of ryght moeue werre aienst the pope / c / ij
- ¶Item whether the pope may moeue werre ayenst the Emperoure Chapitre / iij /
- ¶Item deuyseth of the puyssaunce and auctorite of the hed captayne after the lawe / and for what causes the men of armes may renne to the peyne capitall / C / iiij /
- ¶Item whether a vassall be holden by ryght of the lawe to serue his lord in werre atte his owne propre expenses / C / v
- ¶Item demaundeth whether the feed men be more holden to helpe the prynce souerayne in hys werre / than namely to theire naturell lorde / & yf a gentyl man holdeth two tenementys [Page] of two lordes that make werre that one ayenst that other / Whiche of them he ought to helpe /
- ¶Item whether al manere of souldiours after the ryght of the lawe may goo in all manere of werres / & deuyseth of the parell where the man of armes putteth him self whan he goeth to the werre that Iniuste ys and of makynge in the werre other wise than werre requyreth C / vij
- ¶Item speketh of the popys ryght and the payment of the souldyours wages / C / viij /
- ¶Item wether a taptayne of a certeyne nombre of men of armes may transmute them atte hys wylle syn that they be reteyned in wages / C / ix
- ¶It yf a lorde sende a man of armes in garnison to som fortres of his owne without that eny wages be promysed hym / & that hit happeth hym to be robbed and dyspoylled by the waye to whyche of bothe may he demaunde hys interesses and the recouere of his losse or to the lorde that so sent hym thidre / or to hym that so hath robbed hym / And yf a man of armes be com to serue a lorde in hys werre wythout couenaunt of wages / Whether the lorde be holden forto paye hym or not C / x /
- ¶Item yf a kynge had sent socours to another kynge without he had requyred hym so to doo whether he were holde for to paye them or not C xj
- ¶Item yf a kynge hath werre with another kynge & is willyng to renne vpon hym with a grete oost Is nowe to wite whether the lordes thrughe whos lordshippes he and his ost must passe may by ryght chalenge the passage / how wel y• so were that noo harme were by hym nor hys doon there / & that noo vitaille they toke but yt they paied wel for / C / xij
- ¶Item and yf a man of armes borowe bothe horse and [Page] harneys and leseth hit now is to wite whethre he shulde paye for hit or not / C xiij
- ¶It yf a man that had be sore wounded of another the whiche after the stroke were fledde awaye / and that the other so hurt recouered helthe / & cam and hurted that other man / Whether iustyce shulde punysshe hym therfore / C xiiijo·
- ¶Item whether cawtelles and subtylytees of werre are Iuste and of reason to be doo / C / xvo· /
- ¶Item yf a man of armes whiche is aaged were distressed and robbed by the waye somwhere / whether he myght of ryght aske of the lorde that had sent hym forth his losse & domages C / xvj
- ¶It & yf a lorde doo sende socours of men of werre to som other lorde without he be so required of hym so to doo whether he to whome they ben thus sent is boūde for to paye them or not / C xvij
- ¶Item whether it is licyte to men of werre for to take eny vitaylles of the poure or ryche man vpon the lande whan they be wel payed of theyre wages C / xviij
- ¶Item demandeth what men ought to doo with suche dispoylles and proyes that ben goten by waye of werre / C / xix
- ¶Item / begynneth to speke of prisoners of werre / and aduyseth how a myghty man taken in werre ought to be presented to the prynce / and how not / C / xx
- ¶Item whether men ought to doo deye the chief captayne of an oost / or som other grete man of armes whiche is taken in the werre / or ellis to be delyuered to the prynce / C / xxj
- ¶Item whether it is ryght that men shall take vpon the enemyes grounde the symple labourers and plough men that medle not of the werre C / xxij /
- ¶Item yf a studyaūt englyssheman were fonde atte scoles [Page] in parys / or ellis another lyke of another nacyon / whether he myght be taken and putte to raenson C / xxiij /
- ¶It yf som grete lorde of England or of som other contrey where werre is / whiche as madde and out of wit were fledde in to ye forest / whether men myght after ryght taken him & putte him to raēson he so being out of his wit / c / xxiiij
- ¶Item and yf it happed that vpon the froūters be taken som olde man burgeys of london / or of som other cytee of england that neuere dyde medle of the werre / Whether suche a man ought for to paye raenson or not by ryght of the lawe and semblably of a yonge chylde / and also of a blynde man
- ¶Item yf it happed so that som ambaxadours cam to wardys the kynge of Fraunce / and that they comynge thrughe Bordeewx / had hyred there of englyshemen horses or cartes whether suche thynges myght be in Fraunce arrested or not / And whether an englysh preeste / beyng in in Fraunce myght be putte to raenson or not C xxvj
- ¶Item whether a prysoner of werre whiche is al wayes kept clos / yf he can goo out brekyng vp hys pryson / shall renne in eny deffaulte so to doo C / xxvij
- ¶Item whether a gentyl man prysoner of werre ought rather to dey than to breke hys othe & his promesse / c / xxviij
¶Here after begynneth the thirde parte of thys boke whyche speketh of the ryghtys of armes after the lawe wryton /
¶The fyrst chapytre deuyseth by what meane Crystyne added to thys boke that whiche is sayd in the lawe of the fayttes of armes
[Page]As I dyde awayte for to entre in to the thirde partye of this present boke / & that my wyt / as almost wery of the pesaūt weyght of the labour concernyng the two other partyes precedent / & as surprysed with slepe lyenge vpon my bed appiered byfore me the semblaūce of a creature hauyng the fourme of a stately man of habyte of chere & of maynten / & lyke to awyse & ryght auctorised iuge which said vnto me thus / dere loue crystine of whiche in dede or ellis in thoughte the laboure of ye excercyse of studienge neuer more doeth ceasse / atte the contēplacyon of the grete loue that thou haste to thoo thynges that the lettres can shewe / specyally in exhortacyon of all noble werkes and vertuouse condycyons am hyther now come for to be as to thy helpe in the perfourmynge of this present loke of knyghthode & of fayttes of armes where as thou by grete dyligence moeued with agood wille doest occupy thy self / And therfore confortinge the good desyre that thou haste to gyue a cause vnto all knyghtes and noble men that shal mowe rede or here hit / for to employe and more embellysshe hem self to thoos dedes that noblenesse requyreth / that is to wite to the sayd excercyse of armes / aswell by laboure of the hody as by the ryght that after the lawe wryton behoveth them / ¶It is good that thou take and gadre of the tree of bataylles that is in my gardyn somme fruytes of whiche thou shalt vse / So shall vygoure and strengthe the bettre growe wythyn thy self therfore for to make an ende of thy pesaunte werke / and for to bylde an edyfyce pertynaūt & couenable to the sayenges of vegece & of the other auctours of whyche thou hast taken help / thou muste cutte yet asonder som of the braūches of this said tree / & take of the best / and vpon the same tymber thou shalt sette foundement of one of thy said edyfyce / For [Page] the whiche to perfourme / I as maister / and thy self as dysciple / shal be there with the as thy helper / Thees thynges herde me semed thenne that 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 / S [...] 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 d [...]o murmure after the gyse of euyll speke [...]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 Ioh̄n de Mown̄ 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 thēne 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 yt 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 sōme 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 theyre 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 ye reasons that the lawe writon therūto doeth assygne first for bicause [Page] 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 lieutenāt to Ih̄u 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 suffraūce / I ansuere the puttynge thees reasons apart / & all other suche / that the pope without faille may moeue werre ayenst the emperoure [Page] 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 enherytaūce & 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 wh̄at thynges men of armes may renne in to capitall peyne / ¶Capytulo / iiijo·
MAister it suffyseth me ynoughe as to this cas / But please the to telle me yf I haue here bifore all ynoughe suffysauntly spoken of thoffice of the hed captayne of the oost of the prynce how be it that other tymes I haue be infourmed of many thynges pertynent to hys offyce / yet I desyre to here more therof of the / fayre loue to this I ansuere the that fayre / and well thou haste sayde therof ¶ Yit mayst thou adde therunto other auctorytees that the lawes gyue hym wyth the charges that [Page] apparteyne to hym / that is to wite to gyue licence to his men of armes for to go where it is nede / aswell for theyre owne besynesses in tyme couenable / as for the fayt of y• werre with out whiche licence they owe not to vndretake noo thynge / Soo it apperteyneth to hym to comytte them here and there to the proffyte of the werre after hys gode aduyse and the counseille that he hathe / and to hym apperteyned to gyue good kepe that fro the countrey noo man of werre departe for to goo som els where without the lordis leue / And ought to kepe the keyes of the castelles and of the townes there as be gooynge to the werre hathe lodged him self Item to hym belongeth to comytte and ordeyne them that shall kepe watche in the oost / and to take dyligētly kepe vpon al the his what mesure of corne and of wyne / & that the weyght & all suche thynges be there Iuste / and to punysshe them that falsly vse of the same Item to hym apparteyneth to here & vndrestonde the debates & questyons of them of the ost / & to Iuge therof dooyng ryght to euery one / be it gentyl man marchaunt or other that to hym doeth complayne vpon ony of hys / Suche and many other ben that long were for to sa [...]e whiche behouen to a hed captaine But with this for to lerne the bett [...] I wil saie the cases after oure lawes wherby the men of werre may renne in to peine capitall / the lawe saith that [...]e that smyteth the captaine by euyl wille ought to lese y• hed / & like wise he ought to lese hys hed whiche is rebell & gainsainge in ordynaūce of a bataylle / It semblably he that fyrst renneth awaye fro ye bataille yf the other abide stylle there It he yt is sent as for ābaxatoure to ye aduersaries or for to aspye them yf he openeth or by eny waye declareth ye secretes of his partye / It he that excuseth him self by a made & vntrewe escusacyon by cause he wol not be atte ye bataille with hys lorde / [Page] Item he that deffendeth not to hys power his captayne yf he see other that assaille hym / It who that departeth fro the ost without leue for to make other armees renneth also after the lawe in to peyne capitall what someuere other gode or fayre acte that he make other where / It that letteth that peas be not made / It that procureth that in the oste be dyscencyon and mortall ryote made / Item that steleth or robbeth the prouysyons of the oste /
¶Whether the vasselle is holden after right for to goo in hys lordys werre atte hys owne costes / ¶Capitulo / v
By cause that it is of costume that eu (er)y kynge or prynce or lorde doo sommone or calle his vassell for to be hys aide in faitte of werre I aske if the saide vassell is holden for to goo after ye lawes to the callynge of his lorde / and yf it be thus that he is bounde for to do so / whether it ought to be atte hys owne expenses and costes or atte the costes of the prince or lorde / dere loue for to ansuere the bettre to thy demaunde it behoueth to aduise & see what thynge conteyneth the othe of fydelyte that he maketh that entreth in feyth of som lande or possessyon moeuable in fee from som lordis lorshyp / so ben there thenne six pryncypall couenaūces after the decret & lawe cyuyll / The first is that by hys othe he shal neuere pourchasse that day that he lyueth the dōmage of his lorde Nor in noo place he shal be to his knowlege where it is machyned nor purchassed The / ij / is that he shall neuere dyscouere nor telle his secret of that thynge that to hym might be preiudiciable / the / iij / that he shal be for hym in al manere of cas iuste good and reasonable ayenst all men exposynge bothe his body and hys powere atte hys nede in fayttes of werre well and truely atte al tymes that he shal be requyred / The fourth that he shall neuere be consentyng to the domage of [Page] hys goodes / possessyons nor herytages nor ayenst his wele ¶ The fyfth that yf it happe that his lorde haue to doo of hym of eny thynge that he goodly can doo he shal not excuse hym / sayenge that ouere stronge and to dyficyle it is to hym for to doo / The / vj / that he shall not seke noo waye for to excuse hym self for to lette that he shal not goo to hys lorde atte hys commaundement and callynge / Suche ben or ought to be after the decretall and cyuyll ryght the promesses by feythe and other made of the vassall to hys lorde / By the whiche promysses hyt appyereth ynoughe that the vassalles be holden for to be with theire lorde and for him in hys werres / and to serue hym wel and truly with all theire puyssaunce vndre thoblygacyon of lesynge of all theyre lā des that they holde of hym as forfayt to the souerayne And as god sayth in the gospell / who that is not with me is ayenst me / so ought to be reputed to be ayenst theyre lorde thoo that faille hym in thys behalffe / And therfore they ought to be dyspoynted of the landes that they soo holde but neuerthelesse noo lawe byndeth them not that they atte theyre owne costes shulde serue / but to the lordes owne propre wages / without it were that the lande were bounde so to doo of auncyente / As it is of certeyne townes that at theyre owne costes and expenses be holden to serue theyre prynce durynge certeyn space of tyme of som quantyte of folke in hys werres / And good is there the reason why they ought not soo / For why nor for what occasyon shulde the lorde take the lences of hys landes vpon the men and many other charges / but it were for to maynten hys estate and putte in tresoure for to susteyne with all hys werres yf nede be to hym / but not therfore without faylle / yf it were so that the lorde had nomore wher with to maynten them / and that his [Page] demayne suffysed not / and had necessyte specyally for to kepe and deffende hys lande / hys subgettes of ryght are holden to sette a subsydye vpon them self / or ellis to gadre them self togyder tyl a certeyn nombre all appareylled in armes for to helpe hym atte theyre owne expenses / And in cas that they were not wyllynge so to doo / they may be of ryght constraygned therfore / specyally yf the enemyes were come vpon his lande to renne vpon hym / For after the lawe deffensable werre ys preuyleged moche more than is the werre offensable / But trouthe it is that yf a prynce or lorde had nede to take suche ayde / he ought to kepe wel that it be not to the vndoynge of hys peple / nor he ought not to employe hyt to noon other vse / lest hit shulde be to hys grete charge / and the coūseiller 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 lāde ayenst euery man It semeth thēne that yf a kynge or prynce had werre aienst [Page] som of hys barons / that the subgettes of the baron of whom they holde shulde be bounde to helpe theyre lorde ayenst ye kynge or prynce / For to the kynge they haue not promysed noo fealtee but onely to theyre lorde of whome moeueth theyre 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 d [...]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 &c̄ / 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 whom̄ 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 theyre lorde that wolde be ayenst theyre souerayne lorde / Dere maister a more harde questyon and that all ynoughe dependeth here of I will to ye 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 theyre 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 [Page] 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 theyre 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 theyre 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 theyre 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 [Page] 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 wy [...]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 theyre lorde yf they be called and sommed for to doo soo / not at theyre expenses / but takynge wages of theyre lorde &c̄ / 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 [Page] 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 deffended emonge crysten folke by the lawes of god / To thys questyon dere loue I ansuere the And thy self hast touched of hyt al ynoughe in the bygynnyng of thys boke / that to al Iuste werre may goo euery man that wyl and take wages for to serue to the same / for a Iuste werre for to kepe or recouere ryght / wherof the ryght wayes therof be not trespassed / that is to wyte that spoyllynges nor robberye be not made vpon the countrey where frendes be / nor other dyuerse greuaunces and dommages of whyche men of werre comynly vsen wikkedly in whiche dooynge they mysdoo gretly / is not vniuste nor deffended by the lawe / but it is permytted to be / For it is a veray excecusyon of Iustyce that god suffred and consenteth / to then de that wronge may be brought ayen to ryght / thonghe that god suffreth werres to be made som tyme dyuersly ayenst ryght and reason / the whiche is as the scourge of god / and punyshyng for the synne of the folke / but for to come ayen to the fyrst propos / I say to the that euery man that ryghte wisely wil expose him self to werre / he ought first to be right enfourmed of the quarelle / and knowe whether the chalenge be iuste or not & yf thou aske me how he shall mowe knowe the same For of all partyes that folke doo make werre euerychone sayth that the caul̄e of hys quarelle is iuste / Late hym enquere yf suche werre hath be Iuged fyrst of gode Iurystes or lawers / or whether it be for cause of deffense makynge / For in cas of deffence al werre is gode that is to [Page] wyte / to deffende hys countrey yf hyt be assaylled / And that herof ought the man of werre to be wel enfourmed or euere he putte hym self therto / I wol thou knowe that yf the quarelle be Iniuste / he that thus exposeth hym self dampneth his sowle / and yf he deyeth in suche astate he goeth in to the waie of perdycyon without grete repentance at the laste / but litel force they make therof / For ynoughe there be that care not what the quarelle be / so that they haue gode wages and that they may robbe / ¶Helas the dolent and sorowfull deth co [...]myng oftymes sodaynly may sende them in to helle anone with one stroke onely /
¶Here speketh of the wages of Souldyours / Capio· viii
TO thende that the noble men that thys present boke shall mowe rede or here / aswell for the tyme present as that is to come / may knowe of whyche thynges the lawe gyueth lycence to be doon in the werre / and of whiche not And by cause dere loue that here byfore thou hast remembred me of wages that souldyours ought to haue / I shal telle the one partye of that wherynne the man of werre byndeth hym self takyng wages / and also in what manere the lorde is holden to paye the sayd wages / and in what manere not / For suche thynges be conteyned in the lawe Fyrst it is to wite that euery lorde / or certeyne towne or comyn lordship / that taken folke in to wages / is holden to paye them for al the tyme that they be so taken be they putte to werke or not / and namely supposed that they were soiournynge & dyde nothyng / so that the fawte were not in them and that they were alwayes redy for to employe themself / & yf fawte of payement be there made after the promesse I saye that by ryght and reason / they may aske hyt by faire Iustyce / Nowe maister sith that in this matere we be entred [Page] and that ye say that the lorde is holden to paye the men of werres wages supposed that they were al wayes abyding in one place nought dooynge / I wol to thys propos make vnto the som demaūdes / First I suppose that a capytayne with a companye of folke be reteyned in to the kynges wages & by his comaūdement is sent in to Guyenne or somwhere ellis ayenst hys enemies & in going thither hit happeth soo that they lodge hem self in a certeyne place where the folke of the towne haue malycyously poysonned bothe the brede and the wyne there / wherby som of them dey and the other tarye ther [...]e syke by the space that they shulde haue serued wherfore it is not in theyre powere to serue the kynge as they had promysed / Soo demaunde I of the yf they ought to haue lost the wages of that tyme to this questyon I ansuere that nay without faille / seeyng yet that theyre maladye is caused of the seruyce / For syknesse by the lawe excuseth the man nor for this case he ought not to l̄ese ony dystrybucyon / syth that the malady is com to hym after his retenne in to wages / ¶Another questyon I wyl make vnto the Yf a souldyoure be reteyned in to wages for a hole yere and that in thys meane tyme he haue a doo in hys house / wherfore he cometh to the capytayne and taketh leue of hym for to goo see hys wyffe and hys housholde for the space of a monethe / I aske the yf by ryght he ought to haue his wages for the tyme that he is soo absent / To the same I ansuere the / that the nature of the ryght of armes is suche / that so grete a myght hathe the leue and lycence taken of the captayne and it is of so grete a preuilage / that syth that the captayne hathe wyth good wylle graunted the sayde leue / the sayd man of armes ought to be reputed as for resydent and present / For alwayes he is abydynge seruaunte to the lorde [Page] syth that he was reteyned for a hole yere / But it is wel trouthe that yf he were bounde by dyuysyon of tyme / that is to wite that without moo he were reteyned att a certeyne for euery monethe / there shulde I speke otherwise / Another questyon I make / A knyght for a hole yere is taken in to wages for to serue the kynge in hys werres / & after that he hathe serued one quarter of the yere he wol departe and aske hys wages for the tyme that he hathe serued / and the capytayne thenne gaynsaith hyt saynge that for one hole yere he had taken hym / and yf he had not be he shulde haue taken another / and that whosoeuere performeth not his seruyce he leseth his hyre / Wherfore yf cas be that he goo hys waye so he mortyfyeth his hyre / To thys I ansuere the that good ryght hathe the captayne / For yf the man of armes faylle fyrst of hys promysse / It is not reason also that couenaūt of wages be kept vnto hym / Yet namely more stronge I telle the that yf by h̄ys owne deffawte he had loste hys [...]orses or hys harneys / and that he myght not recouere noon other / wherby he were not able to serue / he in thys cas ought to lese all the tyme that he hath serued for seruyce ought not to haue noo hyre tyl that hit be complissled / in cas al wayes that noon other couenaunt were made / For couenaunt and bargayne made passeth all lawe / And by all thus thou maiste see that the euyll thynge that medl̄ed is wyth 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 [Page] had taken hym for cause of hys worthynes good manh̄ode 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 h̄ys 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 h [...]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 [Page] 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 theyre 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 chaūged / than lefte styll in theyre 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 theyre wages / or by what soeuer wyle / and to putte out thoo ye bettre were / soo ought he to be aduysed afore hāde to take suche [Page] 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 d [...]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 theyre owne handes and it suffyseth them to content and pease theyre men with a lytyl thynge / And paraduenture suche felawes dare not complayne by cause theyre 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 theyre lyues and to so grete a traueyll of theyre bodyes [...] Soo doeth he grete synne that taketh fro them or minushe [...]h theyre wages of eny thīge / & also the ancyēt wolde neuer haue suffred this / but they were more contentthat the getyng shulde tourne rather to the souldyours / than to theyre [Page] 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 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 [...] 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 [Page] 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 yt 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 theyre 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 [Page] may not constrayne to be rewarded / But in what som [...]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 / brīgeth 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 [...] [...]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 call [...]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 ano [...]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 /
[Page]OF the thynges of armes I wol make vnto the other manere of questyons I suppose that the kynge of Fraūce 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 yt 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 b̄y 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 demaūde I now of the / what of ryght is to be doon in thys byhalffe / For the duke sayth that he is prynce withyn h̄ys 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 coūtrey [Page] 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 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 yt 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 [Page] that they dyde in forberynge hym wrongfully ayenst hym / it was not reason that theyre 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 h̄e 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 thīge / 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 [Page] 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 [Page] 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 harne [...]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 boū de to make restytucyon therof or not / I ansuere the that this questyon is in the lawes all clere ynoughe / And this to shewe I seke not to shewe hit by noon other reason / For I telle you of a trouthe / that syth the knyght is to the bataylle for whiche he hadd borowed the said horses and harneys / and that he hathe not begyled that other that is to wite / he hathe not made hym to vndrestande one thynge for a nother [Page] Certeynly he is not bounde to yelde them ayen / But and yf he were goon som where ellis ther with all / or that he had borowed them for to deceyue hym therof / and that he shewed feyntly that he had loste them / and that it myght be proued other wyse I shulde saye other wyse / Mayster and yf it were so that he had hyred all thees thynges of certeyne marchauntes / that is to wyte the harneys of an armurere / and the horses of one or of two marchauntes / and had lost them as it is sayd / shulde not he be bounde to yelde them ayen and to paye the hyre therof / I telle the semblably that nay as a boue / in cas that noon other expresse couenaunte were made betwyx hym and the marchauntes / that what so euere it happeth he shulde yelde the sayde horses and harneis vnto theym ayen /
¶Whether subtyltees and polycyes of armes are goode and Iuste to be doon / ¶Capytulo / xiij /
ANother questyon dyfferent fro the forsayde purpos / I wol aske of the / Telle me I praye the Is it of a gode reason and after ryght / that a kynge or a prynce shal doo so moche by cawtele and subtyl pollycye / that he shal subdue and come to hys aboue ouere hys enemye therby / be it in bataille or ellis where / For it shulde be aduysed that nay cō syderyng that rightfulnes and reason oughte to be kepte / & it can not be noo ryght there as one deceyueth another / and also euery man that hathe a Iuste quarelle / ought to haue a gode hope in god that wel it shall fortune with hym therof yf by peyne and dylygence he pursueth / Therfore he that hathe a good & a ryghtewis quarelle ought to goo as me semeth [Page] the ryght waye of werre without to vse of eny wyles / Doughter and my dere loue thou sayst full wel / but natheles I certyfye the that after the ryght of armes / and that more is after god and holy scrypture / men ought to vaynquysshe his enemye or may ouercome hym by barat / cawtelle and engyne without wronge of armes syth that the werre is Iuged and notyfyed betwyx bothe partyes / And that truthe it is that it may be doo / oure lorde Ihesu cryste gaffe exsample the [...]of whan he ordeyned and taught to / Iosue how by cawtele he shulde surpryse and ouercome hys enemyes / And of suche thynges men are woned to vse and commonly ynoughe they helpe themself in tyme of werre / but I confesse and telle the well / that there ben certeyne maneres of barates whiche ben reproued and forboden / aswell in fayttes of armes / as in other caas / As yf it were / that I sholde assure som body for to come to me in a place where as I shulde be for to speke with hym / and so muche I shulde doo that vndre myn assuraunce he cometh there where as I shulde doo hym to be taken and slayne / Suche a thynge were a ryght euylle treason / Or ellis yf by feyned trewes or peas I shulde a spye my tyme for to hurte som other body that kepeth not hym self ther fro and weneth to be sauffe / and all suche other maners of wayes / wherof I shulde doo euill and grete dyshonoure and repreef shulde come to me therby / and grete synne shulde one doo to doo soo / And therfore the lawe saythe / that syth the fayth is youen to hys ennemye / men ought to kepe it to hym / But another thynge ther is yf a valyaunt man of armes or a wyse capytayne / can well ordeyne busshementes there as hys ennuye muste passe and nought is beware therof / or alle suche other maneres of cawteles / so that they be not ayenst feyth promysse nor [Page] ayenst thassuraunce that men had made / And nought is to be sayde the reason that thou sayst syth that men haue a good quarelle / wherto I accorde me / But how wel that the kynge of Fraunce haue goode ryght ayenst som other kynge / yet muste he gyue helpe to susteyne and bere out his gode ryght / And thenne whan by wytte and dylygence men doo theyre deuoyre / they ought to haue hope in god that he shal helpe that the thynge shalbe conducted and brought to a gode endynge and perfection
¶Whether a man of armes that were dystressed and robbed by the waye myght aske by ryght his domages vnto hys lorde / ¶Item yf a lorde sendeth som socours of men of werre to som other lorde in his werre wythout that he be soo requyred for to doo / whether the lorde to whom the sayde men of werre be thus sent / is holden to paye them of theyre wages or not / ¶Item whether men of werre may lawfully take vytalles vpon the countrey or not / ¶Capytulo / xiiij
MAyster as to oure before sayd purpos me semeth by thys that ye haue concluded a fore / that is to wyte / yf a knyght or som other man of armes is sent fro som lorde for a garnyson of som fortres wythout that eny couenaunte of wage be made nor noo promesse vnto hym / and that it happeth thys knyght or man of armes to be robbed by the waye / may he aske by ryght restytucyon of hys losse of the lorde that soo sendeth hym &c̄ / I wyl make another questyon vnto the / I suppose that a capytayne of Lombardye or of som other countrey / as men som tyme haue doo com in to [Page] Fraunce had brought wyth hym a hondred or two hondred good souldyours / and that he and hys felawshyp were reteyned in to wages atte a hondred shelyng by the moneth / and were sent vnto a certeyn place / and in hys gooynge thyder he were assaylled by the waye by the ennemyes where as he had lost hys penoncell hys plates and hys harneys hys pype and hys tabret / and hys felawes theyre curaces / theyre pau [...]ses and all theyre bagage I aske of the yf they myght demaunde of the kynge theyre losse and dommage / Wythout faylle I ansuere the / that nay / in caas that noon other couenaunt were there but onely of theyre bare wages For the same wythout eny moo / was graunted to them / and the same they may aske and nomore / And yf thou wylt demaunde of me / for what reason thys capytayne hath not also grete an actyon for to demaunde of the maystre that sendeth hym / as it is sayde here byfore & cetera / I telle the that that whyche the lawe bereth / hathe a gretter fauoure to hym that is not bounde by noo bargayne made and is putte to werk / than hyt doeth to hym that is bounde / And thys thou mayste see by an exsample of a man that shal haue dwelled with a marchaunt or wyth som other man a yere and a day wythout thys that he be not bounde by 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 [Page] 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 theyre capytayne myght arryve in to the sayd lordys lande / How wel that of al theyre 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 theyre 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 [...]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 [Page] 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 shalbe 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 theyre payement be noo faulte made / Whethere it behoueth them wyth theyre 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 deffēse or euere that the prynce might haue purueyed for so grete a fynaunce as muste be had for [Page] 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 theyre 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 theyre 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 suc [...]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 [Page] 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 maū 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 prī 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 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 yt 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 [Page] 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 theyre 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 theyre wages / but onely thys that the prynce / wyl [...] [...]hem of a specyall grace the whiche grace to saye trouthe wel and largely hit behoueth them / as to them that setten in aduēture 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 ther [...]of for theyre owne self / but onely hyt suffysed them to haue the name and the worshyp of the dede doon by theyre men whyche had the proffyt therof / And by suche awaye they gate the hertes and loue of theyre men of werre / that they brought atte a gode ende theyre 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 ye one parte Nowe suppose [Page] 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 [Page] that he wolde had doon to hym / and I telle the that it is attemperaūce 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 s [...]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 [Page] 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 theyre seruyse / &c̄ / 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 [Page] 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 pryso [...]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 cō science & aienst al ryght of armes / For it apparteyneth not [Page] that a gentylman shulde begge hys brede after the payemēt 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 o [...] [...]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 dāpnacyon / 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 theyre 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 thēne as me semeth to be free therof / lykethat of ryght ben prestes relygyouse & [Page] all folke of the chyrche / by cause that theyre 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 theyre kyn [...] for to greue the kynge of Fraunce / and that the Frens [...]e men went vpon them / wythout faylle by ryght and reason and aft [...]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 theyre goodes nor by theyre counseyll theyre 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 may [...]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 theyre men of werre may gete the one v [...]pon the other / And yf som tyme the poure and symple th [...]ughe they arme not hem self doo a byd the bargeyne and be s [...] 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 beh [...]lde ryght well it is true that the valyaunt and gentylmen of armes ought to kepe hem self as [Page] moche as they can that they dystroye not the goode symple folke nor to suffre that theyre 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 theyre 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 [Page] be he sayth the lawe that shulde not haue scolers for recomaunded whiche for to knowe and acquyre cōnyng haue lefte and layde asyde ryhesses / delicates & al eases of body / theyre carnall frendes and theyre 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 Fraūce shal not vse of reason & of thynges that ben reasonable and of that that they h [...]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 lang [...] 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 theyre 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 Fraūce 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 & [Page] 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 theyre 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 cōprised hys seruauntes / ryght soo as in the sauegarde that the kinge [Page] gyueth to hys offyciers be comprysed theyre seruaūtes and all theyre 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 ye 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 theyre 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 seruaūt that syluer or bokes shulde brī ge 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 [Page] 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 theyre 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 theyre 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 [Page] 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 / ye 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 thende 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 [Page] 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 yt entremete not withe the werre / but yf it were that they gaffe helpe & fauoure to maynten ye 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 [Page] 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 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 innocēt & not coulpable of all werre in al manere of thīgis / 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 ye childes wille whiche is not yet in age of discrecion / without faille maister thēne 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 ye grete coueytyse that ouercometh them / soo ought to tourne them to a grete shame for to ēprisone wymen or children & impotent & olde / & thys custome that they haue brought vp ought to be [Page] reproued to theire grete deshonour & blame / lyke as otherwhile haue doon duringe ye warre in ye royalme of Fraūce 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 [Page] that wel knowe hym / I aske whether he ought to be kepte in pryson / For it shulde seme / ye / seeyng that the [...]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 thēne 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 valyaūtnes 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 raūson / ye cause why is bycause that whan he was taken he had nother witte nor powere for to deffēde 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 ye 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 thēne maister yu tellest me merueylle [Page] 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 theyre 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 theyre 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 cōpanye 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 Fraūce / 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 wrōg & to administre ye sacremētes nor namely for to deffēde them self behoueth hem not after ye decree but swete wordes & benygnite / Soo were it thenne wel a harde thynge that they shulde bere penaūce of that that they ought to be Innocent of / & yf thou wold saye to me / Ye but they helpe the kynge of england of theyre reuenues & rentes for to maynten the werre [Page] or namely of theyre 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 theyre offyce for to sette alwayes peas amonge crysten peple / And yf it happed that theyre kynge toke of theyre 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 demaūde 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 graūte that a [Page] man shall forswere hym self / ye 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 lybe [...]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 prysō / 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 [Page] 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 [...] And notwystandynge that the prysonner haue sw [...]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 [Page] 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 / wh̄yche 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 [Page] 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 coūtrey for to gete his raūson & 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 thēne 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 ye trouthe of the dede ben ouer many that myght excuse man in suche a cas what that som doctoures wil holde yt 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 [...] it is not determyned yt 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 [Page] euyll the best / lyke as a man shalbe 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 thīke 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 yt 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 thēne 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 thīge / & to supplie that whiche he coude not amende touching the payemēt of his raūson / 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 / & consequētly foloweth ye table of the rubrices of ye iiij & last partie of ye 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 [Page] 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 nōbre bringe with him som grete lorde for one of the / ix / in to the coūtrey of his enemyes / ¶Capio· [...]
- ¶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 [...] demaūdeth crystine yf that one partye by som manere [...] may take eny towne fortresse or place ayenst that [...] and yf that one partye breketh ye 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 yt a kynge ought to kepe or that [...] any marke / & whether euery lorde may gyue [...] [...]
- ¶It begynneth to speke of chāp de bataylle & [...] it is a ryghtwis thīge & of ryght yt a man shall proue [...] body aienst another yt thīge yt is secrete & not knowen [...] vi [...]
- ¶Item sheweth for what manere of cas ordeyned [...] imperyall / champ de bataylle / ¶Capio· v [...]
- ¶Item for what manere of cas lombardys lawe ordeyned / champ de bataylle ¶Capio· ix
- [Page]¶Item how champ de bataylle sheweth & representeth som what the dede of a questyon pleetable / And whether it is ryght that at thentrynge of the felde the champyons gyue theyre othes / ¶Capio· / x /
- ¶Item yf it hap that one of the champyons / leseth any of his armes while that he fyghteth wether men ought to yelde hem ayen or not / And yf the kynge wolde pardonne hym that is vaynquished whether the vyctoryouse may aske hys costes or not / And yf there be founde that a man is accused wrongfully what men ought to doo of hym that hath accused that other / ¶Capio· / xj /
- ¶Item asketh yf a man is punyshed of a misdede proued by champ de bataylle / whether the iustice may punyshe hym vpon a new therfor / and yf one calleth another to a champ whether he that calleth that other may repente him self of his callynge atte his owne wylle ¶Capio· / xij
- ¶It deuyseth to whiche thinge a kynge or a prynce ought to see to bifore that he iugeth eny champ de bataille / & what counseill men ought to giue to them that shal befight eche other / ¶Capio· / xiij
- ¶It whether batailles may be doon after right vpon a holy day or not / & whether the lawe holdeth that men may saue hemself in excercyting thoffyce of armes / And whether clerkes may or ought after the lawe go to a bataille C / xiiij
- ¶Item beginneth to speke of the fayte of blasonnyng of armes / whether euery man may take of his owne auctoryte suche armes as he wyl ¶Capio· / xv /
- ¶Item in what manere a gentylman may chalenge another mannys armes / and in what manere not / C / xvj
- ¶It of the armes & penoncelles and of the colours moste noble that apparteyne to the fayte of blasonnyng / C / xvij
[Page]¶Here begynneth the foureth and last part of thys boke /
¶In the first chapytre demaūded Crystyne / yf a lorde sendeth a saufconduyt to another his enemye / and that the saufconduyt speketh but of sauf comynge / whether after right he may arreste hym atte his gooyng hom ageyne / Capio· / j /
AT the begynnyng of thys fourth part of thys boke ryght dere master I wil entre in to another dyfferēt purpos of werre dependyng of that whiche is afore said that is to wite in to a manere of assuryng whiche is giuen to them that goo and come from a contrey to anoth [...]r that haue werre to eche other whiche assuring men calle lettres of saufconduyt / wherof I wil first make vnto the suche a demaunde / I putte cas that a baron haue werre with a knyght / of the whiche werre / the frendes of bothe partyes reyne hem self for to make a goode peas / wherfore the saide baron sendeth hys lettres of saufconduyt to the sayde knyght vndre whiche he may com towardis hym / & sendeth to h [...]m worde with all that he may com surely / the knyght trusting vpon the assuryng of the same lettres cometh to the sayd baron / but whan they haue spoken bothe togyder / and that the knyght wyl departe / the baron doeth arreste hym / and sayth and proposeth that he is hys prysoner / For he saythe ye be atte werre wyth me as euery man knoweth well wherfor I may take you atte myn aduauntage where someuere I can fynde you / that other ansuereth that he may not doo soo For the strengthe of his owne saufconduit deffendeth ye same the baron saith that this helpeth him not for bicause yt the saufconduit speketh onely of ye coming thither & not of there tournyng ayen wherfore he doo him noo wronge yf he kepe hym Soo demaūde I of the whether the baron hathe a gode cause For it shulde seme ye / seeyng that hit suffiseth emonge [Page] enemyes to take heede to the tenoure of the lettre vpon yt whiche is wryton / & sith that the knight hathe be so folyshe that he vndrestode not wel that whiche the sayde barons wrytinge conteyned / it is not without reason yf he bere a penaunce therfore / For it behoueth in fayttes of werre / as thy self hast said here byfore / to vse of cawteles for to deceyue eche other / late kepe him self that may / I telle the fayre loue that thou myssest in thy sayeng in this byhalfe For yf it were as thou saist ouer many Inconuenyentes shulde folowe therof / and therfore the lawe hathe purueyed therto / that deffendeth expressely that noone shall deceyue by wordes of fallace nor cawtelouse / For shuldest thou trowe thēne that a man shulde be herde atte a Iugement for to saye I haue solde to another an hondred pownde worthe of lande / and fayre and well I haue delyuered hit vnto his handes wherof he is holden vnto me in suche a som of money that he moste paye me for / & semblably of other suche thinges of the whiche as wel I telle the / shulde not be reputed nor taken in Iugement but for a trifle or a mocke / and the man begiler that wolde vse therof shulde be punyshed therfore / And therfore to oure propos what that for to take awaye all scrupulenes a man ought neuer to trust in suche lettres / without that it be wel expressed of sauff gooyng and sauffe comyng ayen and also of sauf abydyng & of al the other circomstances that bylongen therunto / how be it that the lawe wol not that the malyce of the frawdylouse deceyuer take soo straytly the symplenes of hym that gooth thus vpon and vndre the termes of gode feythe / ¶Soo ought to be vndrestande the saufconduyt thentent of hym vnto whome it is yeven / By the whiche saufconduyt he holdeth hym self sure aswel for to abyde sauf as for to goo & retourne ayen sauf / otherwise it were [Page] noo saufconduit / but it shulde be treason that ouer gretly were to be blamed / & suche is ye certeintee therof / Notwistāding it may be / ye som in dede without right nor reason haue vsed or wolde gladly vse therof / whiche ought to tourne them in to grete vituperye and blame / but euery man hathe not the power for to doo al the euyll that he gladly wolde doo /
¶Yf a knyght or som other gentylman had a saufconduit for his persone & for / ix / men with him / whether he myght vndre coloure of the same take wyth him in to the countrey of enemyes som grete lorde in stede of one of the ix / men / Cij
Syth that we be entred in matere of saufconduytes an suere me now of another question / A knyght of englond hathe a saufconduyt of the kyng of Fraūce for hym & for / ix / other with him on horsbacke for to c [...]m [...]n to Fraunce for som adoo he hathe there / & it happeth that a grete lorde or baron of england desyreth hym that he may be one of the / ix / his felawes / by cause that he wolde fayne goo see Fraūce to sporte hym there / the whiche thinge the knight graunteth to him / & thus he goeth forth wyth hym wh [...]rof it happed whan they be lodged nyghe paris that the sayde lorde or baron is knowen there of a knyght of the kynges of Fraunce / whiche well acompanyed cometh scone towardys hym there as he is lodged / and telleth hym that he yelde hym & that he is his prysoner / To the whiche thinge thenglis [...]e knyght that brought the baron with hym ansuereth / that he may not doo soo / For by vertue of hys saufconduyt he may goo he beyng the tenthe thrughe the royalme of Fraunce of whiche / x / this baron is one / For suche as hym pleased he might take wyth hym / ¶ Ansuereth the frenshe knyght and sayth / Ye be but a symple knyght / soo may ye not brynge wyth you noo gretter man of condycyon than ye be of vndre youre saufconduyt / For yf it were soo [Page] than myght ye in lykewyse haue brought youre kynge with you or som of his children / the whiche thynge is not raysonable / and namely hym that ye brynge with you is bettre in value to bringe you with him / than ye hym / for he is moche more grete than ye be / That other saithe / I brynge hym not wyth me vndre my / saufconduyte / But vndre the kynge of Fraunces saufconduyt / so aske I and beseke that hyt may be enter [...]ned and kepte to me after the tenoure therof / This questyon comen to iugemēt I aske the whiche of bothe hath the right I saie the frenshman For after the ryght wryton / in suche a generalyte ought not to be vndrestande a gretter man than he is hym self / For yf a man gyueth a procuracyon to another for to doo & execute certeyn thynges of hys owne / it is not therfore to be vndrestāde that he gyueth him a generall procuracyon / or that he ought to abuse therof / & in especyall in fayt of armes / neuer suche a thinge shulde right suffre to passe / For it myght tourne to preiudice to the personne that gyueth the saueconduyt / Now I aske the another thinge / I suppose that a chyef captayne of an oste of Fraū ce whiche is sent by the kynge vpon the fronteres / saith and affermeth that he hathe the powere for to gyue saufconduyte thrughe all Guyenne / Wherfore he doo sende worde to the Seneshall of Bordewx that he wil com vnto a certeyn place vpon the frenshe groūde / by cause that gladly he wolde speke with him / & for to doo soo he sendeth hym a saufconduit wherupon the sayde seneshal departeth vpon the suretee of the same saufconduyt for to come to the place that is saide betwene hem / but it happeth him to be taken of som frenshe men by the waye that putte hym in to pryson / I aske the wether the sayde chief captayne is holden to gete him out of prison atte his expenses / For it semeth ye / seeyng that by his [Page] assewraunce he is fallen in to that Incouenyence and domage / Fayre loue the contrary is trouthe / & knowe thou why For it is sayde comonly that without a cause shulde a man be called a fole without that his folye shulde be causer of hys domage And it is clerly certeyn that the seneshal ought not to haue byleued the captayne / but yf he wyst for certeyn that the frenshmen wolde kepe his saufconduyt wherfore thenne yf he hathe ben symple and folyshe / the hurt and domage must a light and abyde vpon hym / for with all this he ought wel to wite / that a captayne hathe noo powere to kepe hym sure but fro his owne folke / And sithe thenne that other frenshmen that be not of his retenue haue doon vnto hym the same / what can the sayde captayne doo therof / And also it is noo ryght that one shall gyue a preuylege to one that is gretter than hym self for to come in to the royalme of his souerayne lorde / nor namely yf he were bounde to kepe hym sauffe / all shulde not auaylle / For an oblygacyon made ayenst power is of noo value / and all other the whiche be in the ryght of armes ought not to be vnknowen to the seneshall / otherwise he were vnworthy and not alle to that effice Soo thenne I conclude for that the captayne had gyuen the saufconduyt for true and goode whiche hathe ben of noo value / he is not therfore holden to paye the sayde raunson Neuertheles yf he be a gentylman he is holden to purchasse towardis the kynge his delyueraūce with all his powere bicause that thrughe his fawte he is fallen in to suche an inconuenyence /
¶Here saythe xprystyne to the mayster that she hath herself grete merueylle seeyng the litell feyth that regneth how ony body dare truste in saufconduyttes / And syn demaundeth that yf it happe that som prynce or crysten kynge gyue a [Page] saufconduytte to som sar [...]asyn / whether it is so that other kynges ought suffre hym to passe by them vndre vertue of the same / Capytulo / iij /
MAyster wythout faylle thys semeth me grete merueylle seeyng the lytel trouthe and fydelyte that this day renneth thrughe al the worlde / how a prynce or a lorde or som other gentylman / & namely what soeuere man y• it be dare truste hym self vndre a saufconduyt for to goo in a place where his enemyes be more myghty and more stronge than he / ¶Crystyne yf thou therof haue merueylle / it is not without a cause / how well that a saufconduyt after / thauncyent constytucyon of the ryght of armes & also of al lawe oughte for to be after hys nature a sure thynge betwyx partyes and mortall enemyes whiche we call capytall enemyes in oure lawes / the whyche lettres of surete the good and valyaunt conqueroures that were in tyme past / shulde not haue broken ne enfrayned for to dey / But nowe in tyme present for the barates / subtylnes / and deceyptes that be founde by whiche men haue noo shame for to make a lye brekynge theyre feyth and theyre othe amonge crysten folke moche more than ony Iewes· nor paynemys wolde doo / wherfore it is counseylled by som of oure maysters that men shal not truste of light in saufconduytes where as the tyme is now come that where the lawes doo calle frawde and barat it is now called subtyltee and cawtele / wherof foloweth oftymes grete parell / For in dede yf a man of what astate or condycyon that he be of wyl do som treason to som other body whan that he hathe the personne in a place where he fyndeth hym self ye more stronge / he shal fynde a noone al ynoughe wherof to coloure a cause to stryue wyth hym wherfore he shal slee hym / or poyson hym he wyl / or perhappes shal [Page] brenne his hous or shall robbe hym / or otherwyse shall hurt hym vndre coulourable deceypte / And whan thys is so doon there nys noo ryght that can com tyme ynoughe for to recō pense hym therof by cause it is doon vndre false coulour / & for thees doubtes saith the lawe with gode ryght that for surete of a persone that putteth him self vndre the power of his enemye can not gyue hym self to grete a preuylege / For after the dede doon the restytucyon were nothynge / With out faille maister / it is trouthe / but yet to this propos telle thou me a questyon after ryght / I putte cas that a crys [...]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 s [...]me to me al first that the popis nor the em [...]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 maūdement 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 crys [...]i [...] 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 [Page] 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 raū 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 theyre 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 theyre marchaundyses or as ambassatours or for som other Iuste enc [...]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 [Page] theyre 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 theyre 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 thende 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 [...]onteynen thre pryncypall thynges / that is to wyte suretee [Page] 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 theyre 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 theyre 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 theyre 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 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 Fraūce 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 [Page] 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 Iugemēt 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 mar [...]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 dyffe [...]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 theyre 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 [Page] 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 coūtrey 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 [Page] [...] 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 cawte [...]e founde the counseyllers of the prynces for to withstande suche barates and deceytes / Thys marke conteyneth that euery personne that shuld be foūde in the lande of the prince that giueth hi [...] that is of the contrey / towne or place of hym that shulde haue doo or shulde doo the oultrage or wronge / shulde be take [...] & his goodis in to the courtis hande / tyl that the marchaūt were payed & restored / or that to the iniurie were made a suff [...]saūt amende / & thenne whan the marchaūtes see themself so euyl handled in straūge coūtreis where as marke is giuen a [...]enst them / they fynde suche wayes with the iustice of theyre 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 foūde & 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 [Page] 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 straūgers gooynge by ye 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 chaūceller / or by som other wise legyste 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 ye 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 on [...] or dyuerse of hem hath be doon / and yf it so happe thēne 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 coūseil thēne 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 [Page] 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 /
THēne maister yf it happed that the peple of florence or of ellis where had taken in like caas the goodis of a marchaūt 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 marchaūt shulde goo to plee bifore theire potestate of that yere y• haply shal be a cordewane [...] or a tailler & yet shal he bere hys gylt gyrdell as a knyght shapyng & sowyng his [...]ho [...]e after theyre 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 thēne shall herof be made / Aa faire loue tha [...] that I tolde the bifore shalbe doo / the kynge shall sende thy [...]ther his lettres & if they make of them noo force / he shall thē ne mowe gyue hys marke aienst them lawfulli / sith yt 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 thēne 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 fraūce & other ben of theyre royalmes / Now telle me yet / I suppose that a marchaūt borne of the cite of mylan hathe ben dwelling of longe tyme in parys / & hath there housyng herytages & landes Wherfore he shalbe [Page] 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 fraūce / 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 wele & cōfort / wherfore yf it be so that this marchaūt haue of longe tyme payed the subsidies & imposicyons of his marchaūdise & goodis vnto the kynge & is a burgeys / without faylle ye kynge is holden to bere & supporte hym in al thynges as his subgett & citezeyne / & semblably I telle the of a knyght or som other gētylman straūger 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 theyre 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 ye sauegarde of god & of the saint where as they propose to goo to / & therfore ye 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 y• hurteth [Page] 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 cōtinuyng ye matere of werre I wol make to the other questiōs / bi cause that in my tyme I haue somtyme seen vsed infraūce 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 yt is onely made betwene two chā pions or otherwhyle many of one quarelle in a closed felde / the whiche werre is called chāp of bataille whiche one gē 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 demaūde I of the yf suche a bataille is iuste & permytted by ryght / doughter & dere loue of this matere amonge all other / bicause yt 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 y• therof / wherfore to thēde that they y• loue the dedes of knyghthode shall vndrestande hem self in this matere / & that thy self that after me shal writ it mayst shewe y• 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 chāp of bataille / or to receyue hit for to fyght / is thing repreued & condēpned / & amonge the other decrees that forbedeth ye same / is acursed by the ryght canon aswel he that gyueth hit / as he y• receyueth hit / & moche more they y• suffren & byholden them / now mayst thou see whether it is a [Page] thinge that ought to be doon or not / & that this be true wel dyde shewe pope vrbain the / v / of that name / whan that a chāp of bataille shulde haue be made atte villenoue by auynon of two knyghtes yt had arrested themself for to fight one ayenst that other bifore kinge Iohan of fraūce the whiche chāp or clos felde oure saide holy fader the pope as thinge prohibit & deffēded / comaūded expresly vpon peyne of cursyng / ye noon shulde goo there for to see the same / & yf thou or other wold telle me / that to doo suche a thinge / it is vsaūce of armes / I ansuere the / that muche more grete is the right of god / & more ought men to obey therunto / than to the vsage of armes and that it is true / that folke ought not to suffre nor doo the same there is many good raisons that dyuine ryght assigneth therto the whiche right diuyne is ye ryght of holy chirche / wherunto we ought to obey vpon peyne of dedly sinne / whiche right deuyne condempneth all thinge by whyche folke wyl tempte god / For men wil knowe yf god shall helpe the ryght / & also as by theyre temptyng yt god shulde doo myracle / the whiche thinge is vndue as for to experimente the wille of god & it apiereth / for we saie that for to aske a thynge ayenst nature or aboue nature is presūpcyon & it displeaseth god / & for to trowe that the feble shalle ouercome ye strō ge / & the olde the yonge or the sike the hole / by strengthe of goode right / to haue / as haue had & haue cōfidence they that therto putte hemself / suche a thinge is but atēptyng of god & I saye for certeyn yt yf it happe them to wynne / it is but an aduēture / & not for the gode ryght that they therto haue / & yt this be true / I shal by reason shew it to the / hathe not oure lorde suffred many a goode man to be putte to dethe wrongfully & without a cause of whome the sowles ben blysfully in paradise & not this miracle he dede for them / shulde thēne [Page] trowe a poure sinner / that god shulde doo more for hym / than he dide for them / Trouthe it is also that oftymes it hathe be seen that he that had good ryght lost / wherfore a decretall remembreth suche an historie / how vpon a tyme in the cyte of poulent were two bretherne accused of thefte / wherfore after the vsage of the same cyte behoued to deffēde hemself in chāp of bataylle where as they were ouercome / wherof soone after hit happed that within the saide cyte was founde the theef that had doon the dede wherby manifestly was knowen that the two bretherne that al redy were dystroyed were nothīg gylty therof / And thus by cause that semblably it hathe be knowen to hap soo dyuerse tymes in dyuerse landes & also that it is a thinge vnraysonable to be doon / the ryghtes canonall haue reproued this manere of fyghtyng / & as the lawe saithe yf by suche a manere men wold proue & make good theire ryghtwis quarelle / the iuges that be stablished & ordeyned for to do iustice were as vayne / & it is an euyll ra [...] son for to saye / yf I can not prone nor make gode that that I saie / I shall fyght therfore and shall proue hit by my body for noon but god & I and he that I appelle therof knoweth it not / & yf som man wolde saie to me trouth but the euyll [...]s y• secretly be doon can not be punished by iustice sith that they can not be proued / I telle the that veryly they can not be pu [...]nyshed / but he that awayteth that the sinne whiche is hid & secretly kept be punyshed by hym / suche a man wil vsurpe the diuyne puissaūce & the sapiēce of almyghty god whiche onely apparteyneth to the punycyon therof / & affermeth a decree that saith / that yf all sinnes were punyshed in this worlde the Iuges of god shulde haue noo place / & another rayson there is that this thinge condēpneth / that is that the lawe cyuyl hathe ordeyned iuges & iugement for to doo as raison [Page] requyreth in place & that noone be taken for a witnes in his owne cause / but a man that thus wyl make a proue by his body forceth him self for to breke this lawe / It by ryght canon it is yet more reproued / for it comaūdeth expresly that men shal obeye the pope & hys comaūdementꝭ / & he by a good rayson hathe comaūded expresly that men shal neuer fyght by suche a manere of wise / Fayre loue thus mayst thou see that suche a bataylle is proued / to the whiche thing god gra mercy the kynge of fraūce and his gode coūseyll / hathe wel aduysed wherfore hit shulde be noo more in ewre within his royalme / the blessid god gyue ioye peas & honour & paradyse to them that thrughe vertue of gode wit haue entremytted & peined hem self that suche a thinge were putte a donne out of that right cristen royalme of fraunce / And that all suche other folishe dedes of armes that thrughe yougthe without cause / but onely for a manere of pride of one for to ouercome that other without any quarell whiche is dysplaysaunt to god / be lefte / & where this said royalme whiche is the super latyf aboue all other crysten royalmes hathe bygonne thesa me al other yf it please god shal take ensample so to doo that theire noble men dysobey not the chyrche puttyng the body in parell of dethe to theire grete dysworship without a cause & theire sowles dāpned & lost for euermore / O lord god what folyshe enterpryse /
¶For what causes the lawe Imperyal dyde ordeyne champ of bataylle ¶Capitulo / viij /
But bi cause that the deffēses aboue said of the ryght writon haue not be alweies obserued nor kept nor yet be not obeyed in al royalmes as touchyng for to fight in chāp of bataylle as it is said I shal telle the causes for the whiche they that dede sett hit vp haue iuged it to be doo yt is to wite thēperour federik that so muche contraried holy chirche that he chassed ye pope out of hys place ye tyme whan he cam to his [Page] refuige & secoure toward ye kīge of fraūce / & also another scripture that men calle the lōbardishe lawe / deuyseth therof in diuerse cases / the whiche herafter shalbe declared by me vnto the / first the said ēperours lawe saith / yf a man be accused of traison that he haue machined purchassed procured or conspired ayenst his prynce or aienst his cite or ellis to ye preiudice of the comyn wele what soeuer the cas be of whithe the trouthe can not be by noo proues knowen / & yt this man so accused offreth to deffēde & purge himself by champ of bataylle ayenst al men that wol saie aienst hym / shalbe receyued to do the said champ of bataylle / It that yf a prisoner of werre be kept in pryson by the partye aduerse / & yt it happeth during the said prisonemēt / that peas be made betwry the two parties vndre condicyon that al manere of prisoners shalbe deliu (er)ed sauf ageyn without pa [...]eng of any raūson wherfore it may hapli fall that the master sleeth his prisoner for whiche mysdede by right he may lese his hed / & he be reproued & atteinted therof / wherupon he saithe yt he slewe him in his deffē se / & that first of all the prysoner had other trait [...]usly or by som otherwise assaylled whan they were but them two togyder & this he wol make good by gode proue of his owne body in a champ of bataille yf any man were that wold say contrary aienst hym / he ought to be receyued / Item also it saithe as by suche a fall / we putt cas that the kynge of fraunce & the kyng of England had trewes togider / & that it shulde hap a Frensheman durynge this tyme to wounde & hurt full sore an Englysshemā or an englismā a frensshe [...] of y• whiche thynge y• lawe saythe / yt in suche a cas behoueth of ryght and Iustyce a gretter punicyon to him that hathe hurted y• other than yf he hadd doon thesame to one of his owne coūtrey / yf he yt this wronge hath doon wold bere hy [...] [Page] out by the proue of his owne body that this was doon of hym in his defence ayenst that other that fyrst had assailled hym / his wordis by the sayde lawe imperial ought to be herde / It yf a man accuseth another yt he wold haue had slayn the kinge or the prynce by poysons or otherwise / & that other saithe that he lieth falsly & for the same called hym to chāp of bataylle / he is holden by the said lawe imperiall to ansuere him & kepe hym the day yt he shal sett for to fight with hym
¶For what causes dyde ordeyne the lombardyshe lawe champ of bataylle / ¶Capitulo / ix /
So is there another lawe that is called the lawe of lō bardye where in be cōprysed many dyuers thinges / & in the same by especyal the maistres that stablyshed it haue therupon writon many causes to whiche men may gyue gage for to fight in champ of bataylle / & out of the same lawes are come almost al the iugementis of gyuing of gage that is to saye a token of deffyaūce for to befight hys enemye within a clos felde whiche men calle chāp of bataylle / so shal I telle the som of thoo causes / that is to wite yf a man accuseth his wyf that she hathe traytted or bespoken for to make hym dey other by poyson or by som other secret dethe wherof by som coloure he hathe her in suspetyon / but she can not be to the trouthe truly attainted / or ellis whan thehusbād is ded / & his kynnesmen putteth vpon his wif that she hath made him to be brought to dethe yf thys woman can fynde a kynnesman of hers orsom other frende that wyl fyght for her beryng out y• that whiche is laide vpon her / is falsly saide / the lōbardishe lawe wyl that he shal be receyued for to fyght for her ayenst who someuer wyl blame her / It yf a man were accused that hehad slayne another And that this coude not be proued ayenst hym / Yf he casteth his gage ayenst hym that [Page] accuseth hym the lawe wil that he be receyued / It semblab [...] that yf he hadd bete a man vndre assewrans / Item also yf a man haue slayne another man bothe al alone & that he wol make a proffe by gage of his body that it was in his deffē syng & that the other assaylled him first / the saide lawe wyl that he shalbe herde / It yf a man after the decesse of som kinnesman of hys of whom he ought to haue the goodis by succession as next heyre / were accused to haue slayne hym forto haue his lifbode & his goodes / he may deffēde hym self therof by his body after the forme aforsaide / It yf a man were putte vpon and accused to haue layen wyth a mannys wyffe the whiche cas after this lawe yf her husbād or kynnesman complayne to the iustyce is capitall deth that is to saye / wer thy to lese his hed for the same the sayde lawe wil that thys man shall mowe deffende hym self by gage of bataylle It in likewise it is of a mannys doughter beinge yet vndre [...] rule of her parentes yf they doo complayne of som man that hathe had feleship with her / though it was with her good wille this lawe wil that he deye but yf he deffende hymself therof by champ of bataylle in cas that the thinge were so secretly kept that it myght not be proued ayenst hym for yf manyfeste or openly knowen it were / yf the kynnesmen wyl there were no remedye / and therfore thys lawe shuld seme well straūge in Fraunce & in other place that a man shuld deie for suche a cas seeing that it was by the goodwille of the woman wedded or not wedded & this lawe is vpon suche a raison fownded where it is trouthe that a man taketh deth by sentence of the lawe or of iustice for to haue cōmitted a smal theefte of golde or of siluer a iewel or other thynge / of whiche cas what soeuere necessite hath brought him therto shal not mowe excuse hym but that iustice shal [Page] kepe vpon hym her [...]ygoure / yf grace for respect of som piteouse cas / be not to hym imparted & made / why thenne shall be spared he that hathe dyspoylled & taken awaye the honoure & worship not onely of a woman alone but of her husband & of bothe theyre lygnages / & bycause that where this folke that fyrst made & stablyshed thees lawes prayse & sette moche more by worship than they dede of golde nor of syluer / they concluded that yet moche more ought to haue deserued dethe he that robbed another of the forsaid honoure wherbi all a holl kynrede is reproued / than yf he had taken from them what someuere other thynge / and therfore som dede saye that the lawe was yet wel gracyouse & pytouse to them / whan suche folke were not more cruelly punyshed / then other that were worthy of dethe / that is to wite / that hit made hem not to deye of a more cruel dethe / than for another cas / Another cas putteth the sayde lawe that shulde seme al ynoughe ayenst rayson / that is to wite that yf a man had holden and possessed certeyne lyflode house or lande or namely moeuable goodes the space of xxx yere or more / & that another shulde accuse hym that thrughe euyll & deceyuable meanes he had hit & falsly had possessed hit / that yf this accusar offred to proue the same onely by his body in chāp of bataille / he shal be receyued therunto / But without faille not withstanding thys lawe / I telle the wel / that folysshe is he that suche lawe accepteth or suche gage / and he that is therunto called / and that al redy hathe the possessyon in hande / myght ansuere thus to that other / Fayre frende / I haue nought a doo with thy gage / fight thy self al alone yf yu seme it gode / for I shal neuer fyght for this cause / soo is there noo lawe that may gaīsaye hym in this cas / for prescripcion is aproued of al right / It saithe the said lawe yt yf it happed two men tofall [Page] a debate togider & that theire question were brought to iugemēt where bothe of hem shulde produce or bringe forthe theyr proues / to this entencyon that yf the one partye wolde gaynsaie ye other & that they cowde not accorde / yf he wil make it goode by proffe of his body / he shal be receyued / It yf a man taketh an action vpon another for certeine some of syluer or som iewell or of som other moeuable gode whiche as he saide he lent to his fader or moder / & that other denyeth him the same he shall also be receyued ayenst ye other to doo chāp of bataylle / yf he proffreth to make it good by the same meane It yf a man hath be brought to losse & domage by fortune of fyre in his hous or in his grange or other thinge / yf he wil proue ayenst another in manere a forsayde that he hathe putte the fyre theryn / he shalbe herde / It yf a man complayneth ouer his wyffe that she is noo good woman / thoughe he doo this for a wyle for to close her within awalle or for to be quytte of her or that she shulde be banyshed from her dowarye / she may deffende herof herself / yf she can fynde a chā pyon that wyl fyght ayenst her husband for her / & yf the husband refuseth hym he shal not be byleued / Item yf a man haūteth in the house of awedded man / yf the husband wil saye that this man hath haūted & haūteth for to haue a doo wyth hys wyff for to shame her and hym / thys other man that so haunteth there may deffende hym ayenst the husbāde by gage of bataylle / wherof I doo lawghe consyderyng suche a folye / that yf the felawe that so is accused were grete and stronge it were well bestowed yf he fele hym self Innocent that he sholde bete well & thryftly in the champ that Ialous & folishe husband / It yf a man accuseth another yt he hathe pariured hymself in iugemēt he yt is so accused may gainsaie hit as it is sayd / many other thīges conteyneth ye sayd lawe [Page] that concernen champ of bataille whiche I leue for shortnes of the matiere / as a thinge not nedefull mor [...] for to say / but so moche it is to be vndrestande that thees batailles are som tyme doon by the prīcipall persones whan a raysonable cas of som lettyng falleth there / As it were yf a man to yong were accused / or a man that were to olde / or a man that had som siknes or that were impotent & coude not help himself & som time a woman and all suche other persones / the whiche thynges are alle ynoughe expressed & named in the sayde lawes / And namely yf a bondeman saide that his lorde had made him free of his bonde & seruytude & this he will make goode by his body / the lorde is not holden to receyue bataille therfore / but ought to deliuere him a champion / & more hyt saith that two clerkes of lyke degree may haue leue to be fight eche other in champ of bataylle of the whiche thinge sauffe her grace I say that she hathe wronge to entremette her self in suche a cas of any man of the chirche for the canon yt ought more to be obeyed deffendeth them expresly al manere of bataylle & violent hurt / & I aske the yf a man impotent as it is saide may sette for him self sache a chāpion as shall please him / I ansuere the / that the champions that be comytted for another are in this dede of bataille fygured or in fygure of procurours & aduocates of plee / whiche offyce euery man may doo for another yf he wyl / yf ryght expresly gaynsayeth it not / ryght euyn so it is of the champyōs / for who soeuere wil he may be one so that right gaynsaie hym not for som cause / For a theeff or som other that tofore had commytted som grete euyll or cryme shulde not be receyued therto nor noo man that is knowen of euyll fame / And the rayson is goode / That is to wite that yf suche a man entred a champ of bataylle for another and [Page] were vainquished there / men shulde wene that it had ben for his owne sinnes / and that therfore he had lost the bataylle /
¶How champ of bataille representeth somwhat proces of pleetyng / And whether it is of ryght that the champyons shall swere by fore they entre the felde / Capitulo x /
BVt how be it that gage of batayll̄e as I haue sayde bifore be of oure doctours reproued Neuertheles bicause it is a thynge whiche is in vsage in the dedes of noble men & in thexcercyce of armes & of knyghthode that suche bataylle haue ben & are by the kynges / prynces & lordes iuged after the ryght that hit can haue wherof the custome shall not yet faylle in all places it is gode for to speke yet therof to the lernynge of thoos that shall most iuge therof / & semblably of theim that shall vndretake hem / For I holde that the most parte of the noble men / what that many one speketh of knowe not veray well that whiche is or ought to be conteyned in suche a bataylle touchinge thentrepryse / the dooing [...] th [...] iugemēt vpon the same / soo shal I telle the therof fyrst thou ought to knowe / & it is veray certeyne yt thees particul [...] batailles shewen by figure nature of iugemēt for ryght soo as to a iugemēt is the iuge & he that claymeth action [...]lso the defendaūt present / also is there the forespeker & the proues & after the same foloweth the sentence / semblabli so is the iuge & lorde in a clos felde tofore whome the bataille is made the party playntyf & ye deffendaūt be the two chāpions that fight there togyder / the witnes & proues ben theire armures & the strokes yt they giue to eche other by the whiche strokes & armures either of them forceth him self for to proue best their entēcion / & therafter foloweth ye victorie whiche falleth to one of them yt represēteth ye diffinitiue sētence / maister I beseche the yt thou take not now in anger yf I putte interrupcyon [Page] in thy wordes / for a questyon that I wil aske of the / by cause that I haue herde the saye that the champyons doo swere whan they entre the felde &c̄ / whether it is a thynge ryght wys that they make eny othe there / For it shulde seme nay and it nedeth not by cause that in a generall batayill̄e where two kynges were and theyre folke shulde noon othe be made / and why thenne shall two persones swere / Dere loue I ansuere the / that for to make there theyre othe / it is but the ryght of suche a bataylle / and it is noo goode that that thou sayst that in grete batailles is noon othe made / Knowest thou the cause / it is by cause that suche grete bataylles are entreprysed by delyberacyon of a grete counseyl and Iuged of the lordes / soo behoueth there noon othe / But to suche a partyculer werre / the prynce can not knowe so wel the certeynte of the quarelle / and therfore he wil take of them theyre othe vpon that whiche they vndretake to proue by theyre bodyes / Soo calleth hit the lombardyshe lawe / the hed othe / & thys othe that thou knowe / is of the nature of ye othe of calengyng whiche ought to be taken atte the begynnyng of al manere of plee / where as the party playntyff swereth that his action is rightwys & gode / and after that swereth the partye deffendaūt that his deffenses be true / and euyn thus it ought to be doon in a champ of bataylle / But to thende that thou shalte vndrestande / there is a crafte for to take suche an othe / For yf he that called that other / swereth absolutly ayenst the other of that thynge wherof he is not wel certeyne / as thoughe I suere vpon the holy gospel that thou hast mordred or made to be murdred my fadre or my broder and al weyes he is not therof wel certeyne / For he hathe not hit wel seen / but it may be that he shall haue herde saye the same / or for som coloure he shal haue a suspectyon therof [Page] suche an othe is folisshly made / For noon oughte to swere absolutly for a thinge / but that by his owne eyen he be sure and certeyn that it is soo / and for thys cause may be his quarell nought / For he forsuereth hym self yf it be not as he sayth / But it is otherwyse of the partye deffendaūt [...] for he can not be ygnoraunt of the quarelle / for well he doth knowe yf he be coulpable of the dede or not / and therfore his quarell is bettre / in cas that he fele hym self pure & cleue therof / but yf he wilfully doo for swere hym self / muche more is worse his cause than of hym that weneth to saye trouthe / wherfore for to be more certeyn and in surete to haue a good quarelle the party playntyf / that is to saye he that calleth that other whiche is party deffendaunt / ought to swere onely without m [...] re that he holdeth stedfastly & bileueth that that other hathe kylde his fader / or hathe doon to hym thyniurye wherfore he calleth hym to bataylle / & by thesame shall his quarell be the bettre / Soo ought he for to saye bifore the prynce the cause why he his so moeuyd and the manere of the cas & the prince thervpon ought to be wyse for to see and aduyse by the [...] constances / yf this that he saith may be true or not for yf the cryme or mysdede had be doon the day afore nyghe the park of vycenes / and that he that of the same is accused cowde brynge true proues that all that day he was ferre thens he ought not to gyue noo feyth to suche callyng vpon that wh [...] che were impossible / so ought the prynce therfore wel to adu [...] se that the quarelle be iuste or euer that he iugeth hit acceptable and not to here all them that calle other thrugh folys [...] moeuynges and dotyng opynyons / For many there be so litell wise that they wolde folyshly expose hem self to thesame for noo cause atte all / or for litel occasion / and they shulde wene that it were a fayre dede doon of hem bicause of theire [Page] lytyl consyderacyon / And it is noo pyte whan it falleth euyl to them / but of that other partye is compassion for they must deffende hem self / and yf they doo it not after the vse of armes men shulde gyue hem blame and dysworshyp therfore / ye after thopynyon of the yong folk not wise in this caas / And I aske of the / yf yt happed that bothe the parties wolde be fyght eche other in a playne felde / or ellis without the presence of the prynce / shulde he suffre it I telle the / nay / For it is a thinge wherof the knowlege longeth vnto him for to gyue hys Iugement vpon the same / and ayenst the prynce in this caas / may not theyre owne wille make noo prouydence / but that the sayde lorde or he that is commytted and ordeyned and also they that must kepe hem / muste be there present by cause they shal be there sure of all other personnes nor noo man in the worlde ought not to say there nothyng vpon peyne to be gretly shent without it be by the kynge or prynces maundement that ought to iuge att latter ende whiche of bothe is ouercome or vyctoryouse /
¶Asketh xprystyne / yf it hap that one of the two champyons lese som of his armes be it swerde or other thynge / whether men ought of ryght to see hit restored ayen to him ¶Item whiche of bothe / ought to enuahyshe fyrst / Item yf the kyng pardonne hym that is ouercome / Whether the vyctoryouse may aske hym the costes that he hathe doon &c̄ ¶Capitulo / xj /
MAyster I aske / yf it falle soo betwene two champyons that befyght eche other within a clos felde / that the one of hem breketh the swerde or the axe of that other / [Page] or casteth hit ouere the pale / For I holde well wyth all that they doo the worste that they can one tyl other / supposed that thys man had none nother axe / dagger nor mayle nor noo wepen to deffende hym wyth all / Whether by rayson men shulde delyuere to hym other harneyse deffensable / For syn it is in the manere that thou hast sayde / that is to wyte that the armures Inuasyble and also deffensable are fygured and taken for wyttnes and proues wher wyth all men may help hym self in plee &c̄ / It shulde seme that men ought to delyuere and yelde hem new harneys ayen / yf they require to haue hit / For yf it were so that for to proue good myn intencyon I had produced and brought som wytnesses whiche I suppose shulde faille me by dethe or otherwise I may yet brynge forth many moo / why thēne / yf this champion hath not mowe proue hys intēcyon by the same swerde or other wepen of hys / may not he haue another / Fayre loue soothe for saye / after the rayson of suche ryght as he awayteth ther to / a grete consyderacyon ought to be had here for to iuge of the same / For a grete dyfference is there yf the swerde is by aduenture falle from hys hande / or yf that other hathe taken hit fro hym or broken or cast out of the clos / or yf by folyshnes he shulde lese hit / and lyke wyse of hys other harneyse But yf the swerde by aduenture brake by the strokes that he hym self shulde gyue wyth all / and not by the effort or strengthe of hys aduersarye and that he had nomore weren for to deffende hym self / and that by suche manere he had lost it all / Without faylle som maystres sayen that men shulde do hym wrong but yt they sholde gyue him other harneyse but selden it happeth a man to entre in to a clos felde wythout that he be garnysshed wyth moo wepens than one / soo may he helpe hym self wythe that one whan that other is lost or [Page] faylleth: Now sire: and yf it hap that the iuge can not knowe the fyrst daye whiche of bothe is ouercome are they holden to retourne the morowe after / I telle the certeynly that ye yf it be in theyre powere / so that they haue enterprised to be fyght eche other atte theyre vttermoost hynderaūce in cas that noon other condycyon were not sett afore / So can thei not be assoylled nor quyte vnto the tyme that the one of them be ouercome though that it tarye neuer so longe / reserued al wayes the comaundement of the prynce contrary to the same / or that they shulde accorde hem self togyder by maundement of the kynge / For other wyse they may not doo it after that they be ones entred within the felde / But the prynce ought to be piteouse vpon thesame hauing mercy of thees two men that be not onely in parell of bodyly lyf and worship but also in Ieopardye of theyre sowles / Telle me yet master & teche me whiche of bothe ought fyrst to smite the fyrst strok whan they bothe two be within the felde / For I haue not forgoten that thou saidest here byfore / that thys manere of bataylle holdeth in party the nature of a plee / wherby it semeth that he that calleth that other ought to begynne fyrst to smyte / For so moche I wote well of the manere of a plee where as I haue often assayed hit and hathe cost me / that he that is actoure / that is to wyte / partye playntyf gyueth and sheweth first hys actyon and demaunde and after the partye deffendaunt ansuereth therupon / and bycause that in this doyng here yf he that is accused shulde smyte fyrst / thenne shulde he seme to be partye playntyf and not partye deffendaunt / For it is noo deffense that cometh afore the stroke / but it is offense / dere loue how well that thy raysons ben consonaunte / Neuerthelesse it behoueth to be doon here in thys caas by another manere of waye / than as [Page] a plee is rewled where as it is there exploytted by wordes and here by waye of dede / And therfore / where as a man is in parell of deth he ought not to abyde after the fyrst strok For suche a stroke myght be so heuy and so grete / that to late he shulde come for to deffende himself / And also alle ynoughe hathe begynne fyrst of all he that calleth the other whan he fyrst dede caste hys gage for to be fyght that other in a champ of bataylle / And yf att a iugement the playntyf shewyth fyrst his actyon it is but by wordes wherof is gode chep ynoughe / or by a lytel wrytynge / So is it not so parellouse a lybelle or a rolle as is a strok of an axe or of a [...] And after that they be ones closed in bothe togyder / & that men haue escryed them that eyther of them doo hys deuoyre and his best / nother of them careth not how grete hurt that he doeth to his foo / And therfore I telle the that in thys cas after all rayson be it by wylynesse / cawtele / barate witte appertyse or strengthe or by eny other manere of wyse sin that they be so cowpled togyder / he that is appeled may be the first that stryketh yf he can haue leyser so to doo for hys case and in all poyntes to take hys aduauntage yf he can or may doo soo / But trouthe it is that he muste tary tyl that other be marched ayenst hym fro hys place one paas or two / or ellis that he haue made semblaunt for to come towardys hym It yet ageyne another questyon I aske of the / I take that the kynge that thus byholdeth and seeth two champyons fyghtyng togider / haue pitee vpon hym whiche is to the poynt brought that he muste be ouercome and dyscomfyted soo commaundeth the kynge to calle and crye [...] ho ho [...] whiche asmuche is for to saye / nomore / nomore / by hys connestable / and that not withstandyng the same / he that hathe the bettre of the felde requyreth ye kynge for to doo admynystracyon of iustice [Page] & that he wyl Iuge the ryght for hym / the kynge ansuereth & saith / I adiuge vnto the honoure & the victorye of the bataylle / and I pardone to that other / for so is my pleasyr for to be doo / thys man asketh hys costes & expenses / ought he to haue hem or not / for it myght seme / that nay / bicause that the kyng hathe not condēpned that other in thesame whiche also hathe not confessed the dede as a man that is ouercome / I ansuere ye / that yf he were vttirly ouercome / though that the kyng shuld pardone hym the debate the whiche thinge lieth in his puyssaūce / he may not doo therfore noo wronge to the partye that rightewisly requyred hym for iustice / but yf it be so that men calle / ho / bifore that he be all atteynted & in al poyntes ouercome / he is not holden therunto / for how be it he hathe the worse of the bataylle / yet hathe he not confessed ye thīg wherynne lieth the veray victorie that longeth to the vyctoryouse / that is to wite whan he maketh that other for to cō fesse himself gylti of the dede / & also he myght yet haue a hope that som strok might be yet gyuen / that shuld hapli slee him that troweth to haue the bettre of the bataille / as it hathe be seen dyuerse tymes / that he that was vndre / smote that other that so helde hym / so strōgly with a dagger or som knyf that he slewe hym sterk ded / for a fayt of batayll̄e what that it semeth yerof can not be godly iuged vnto tyme yt it be brought atte an ende / and fayre swete maister / yf hit happed that it were foūde ones that som body in suche a cas had accused a nother wrongfully of murdre or of som other cryme / what shuld be doon of the accusar / Wythout faylle oure masters determynen / that men shal doo that punicion vpon him as the cas gaffe for to be doo vpon that other yf he had be truly atteynted therof
¶She asketh yf whan a man is punyshed by champ of [Page] bataylle of som mysdede / whether the Iustice hathe nya more to doo with him or not in this byhalfe / ¶Capitulo / xij /
YEt ayen I aske / a man calleth another to champ of bataylle for to make gode vpon his body / that he is falsly forsworne / and so it happeth that he ouercometh him And gyueth to hym the punicion accordyng the cas / It happeth aftreward / that for the same cas / he his troubled & attached by the iustyce / ought this man to be iuged & punyshed more than ones of one self cas / for it shulde not seme that it were ryght / nor god wil not of it nor holy scripture accordeth not to thesame that a body shulde be twys condēpned for one sinne / Fayre loue herto I shal ansuere the what that the excusasions that thou makest be goode & namely many other for the partye that is accused / that other partye myght ansuere / We are now in court of ryght wryton / by the whiche ought to be iuged of the cases that requyren punycion but where gage of bataylle is not aproued by noo ryght writ [...]n it suffiseth not / For supposed that by suche awaye he hathe ben corrected / it is therfore noo punytyon / For iustyce hathe noughte seen therof and noon other thynge it is as to consyderacyon of ryght / but as yf it were so / that the fader had bete his childe for cause of som trespace that he had doon whiche correctyon shulde not suffyse / nor iustyce shulde not leue hym therfore to punusshe hym other wyse / Soo shal I telle the after thees two altercacyons the trouthe therof / We [...]e thou for veray certeyn / that yf it had be soo that the daye had be deferred so longe betwyx thaccusar / and he that was accused / and that in thys meane wyle the cas had come to the knowlage of the iustice / I doo the well to wyte / that not withstandyng thēterpryse of the sayde bataylle iustyce may punysshe hym / yf it be a thing that can be proued / But yf [Page] thou aske me whether after the punicion he had be holden to kepe the day of the felde / I shulde ansuere the nay / For what ryght coude he haue for to deffende hym self of the dede wherof he is al redy conuyct and attaynted / But yf it be soo that the prynce / or he that keper was of the felde / had punysshed hym of thys mysdede / or that he had remytted hit to hym or pardoned what soeuere it were / without faylle thauctoryte of the prince is so grete that this custome aproued to proue by chāp of bataylle & to punysshe by suche manere of waye they that be attaynted / that it ought well to suffise / that he be punyshed ones & no more / Nor the prynces & lordes shuld not suffre to reuoque nor calle ayen theire sentēces / maister yf thou be not to wery that so muche I doo enquyre of thys matyere / telle me yet aworde to this prop [...]s / A knyght accuseth another & calleth him to bataylle / and syn repenteth him that he hathe doon soo / may thys knyght repente him or not atte his owne wille yf he wyl & that noo more be spoken nor nothinge made of that that he hathe said / for veryly it shold seme / that he myght well calle ayen his worde fro thesame seeyng that yf a man accuseth another or saith euyll by hym by hastynesse or wrathe he may well repente him therof yf he will without more makyng a doo as me semeth / nor he shal not be by the Iustyce imposed nor sett therfore to that peyne that he shulde bere for thesame yf he proceded forthe / ferthermore / and why thenne shulde it not be soo in thys cas / To thys I ansuere that yf a gentylman calleth another by castyng to hym his gage For what someuere that it be in thabsence of hys lorde or of the conestable or mareschal or of som other Iuge alle and competent / and that after thys he doo repente hym self therfore bycause / as it may wel be / that he was euyll informed / or ellis chaffed for anger or malenco [...]e / or [Page] haply for takyng of ouere moche wyne / this thynge by gode meanes may lightly ynoughe be remytted in a manere that to that other ought to suffyse & not to make sewte vpon him for the said callyng / For noon ought to be ouer sharp nor to hote vpon thesame where it is a thynge daūgerouse wherby grete perell may fall whatsoeuer gode ryght that a man hathe / seeynge also that that other receyueth shame / all ynoughe for to repente hym self of the castynge of his gage and to be so koled of the bataylle / by the whiche his folyshe moeuynge he hathe shewed well that he was not wyse / For an ouer grete shame it is and a token of a lytyll wytte for to caste hym self so ferre in wordes / that he muste nedes afterward to gaynesaye hys owne worde / Neuerthelesse it is more bettre for to repente of a folye byfore that it be executed or made / than for to entre with an euyll quarelle in to a champ of bataylle / nor it is noo vyce for to repente hym se [...]f of the evyll / but it is a grete synne and folye for to vndretake and make yt in dede / But in caas that the wordes were goon so ferre forthe / that by fore the prynce or his connestabse or Maresschall or som other able for to receyue hym / That had caste hys gage of bataylle / he shulde not mowe repente hym self therof wythout the wylle of the prynce and assentyng of the partye / the whyche by reas [...]n myght aske amende / ¶ For to the purpos that I t [...]lde the byfore that champ of bataylle foloweth the wayes of plee / soo doethe represente thys gage the bataylle that men gyue atte the iugyng of a cause / after the whyche / he that gyueth hit / muste pursewe hys quarelle yf the partyes accorden not togyder / But well it is trouthe / that the prynce / syn that he that calleth repenteth hym self / oughte to be a large [Page] forgyuer to thoos that repente themself / as god and holy scrypture requyreth /
¶Here deuyseth of the thynges / that a prynce oughte to see vnto byfore that he shall iuge a champ of bataylle / And how men oughte to gyue coūseyl to them that muste befight eche other / ¶Capitulo / xiij /
THe bataylles of a clos felde wherof thou haste deuysed that nowe ben in vsage in many landes / and haue be longe tyme past / as for to saye in all the worlde so that the custome hath suffred them / notwithstandyng the deffense of the decree and of the ryght canonall / as thou sayst / is tourned as to a lawe / me semeth that a stronge thynge it is to the prynces for to iuge and determyne well of the causes that suche bataylles requyren / For it is noo doubte / but that the lordes desyre and wyl / that ryght be doo to euery man / & therfore they suffre suche a bataylle to be doo / to thende that the causes that ben obscure and hidd may be therby attainted and knowen Dere loue thy wordes ben of trouthe with out faylle / And therfore affermyng that▪ that thou saist / that the Iugement of suche a bataylle is ryght paryllouse & subtyll: it playseth me. for the doctryne and techynge of the noble men to the whiche ende thou doest laboure in thys bok to putte here & declare som rules that must be kept vpon this matyere: the first rule is this: that noo prince seculer to thē de he doo not amis: al be he neuer so prudēt nor so wise what soeuer gode coūseyl of wise knights & other seculer men yt he haue ought not iuge noo champ of bataylle / without the regarde & counseyl of the sage men of lawe / bi cause that of al causes that may hap to fal / they can determyne muche bettre than other folke / For theyre connyng sheweth & techeth them [Page] thesame / soo apparteyneth to them for to declare of the causes what therof is to be doo / and whether it is [...] thynge reprouable / forboden / condēpned or aproued & comendabl̄e / Or whether one cause be preuyleged bifore another / & that thys be true / that suche folke whan they ben expert / can determyne therof bettre / than other doo / the lawe cyuyll doo graūte the same / the whiche saith that the aduocates are protectours & rulers of al humayne folke / yet is there another raison wherby it behoueth vnto them for to determine of thesame byfore all other men / It is by cause that knyghtes & other gentylmen are sooner moeued for to swere a fayt of armee / than clerkes be / & this cometh to them of a statute that they [...]aue amonge hem that they shal repute & take a man for deshonoured & ashamed / without that he soone accepteth thegage of him that casteth hit vnto him / whiche is an opiny [...]n y• is moeued as to this be halue sauf theire reuerence without eny regarde of rayson / for lesse worship shuld be after ryght to him that shuld gyue or accepte a gage of bataylle for a [...] cause or ocasyon or for folishe and nyce moeuynge / than to hym that shulde refuse yt / For without faylle it is noo dyssworship / but rather the contrarye / For to refuse & not consent to eny folyshe enterpryse / spe [...]yally where as so dere a catell hangeth in parell / as is bothe the sowle and the body And myght saye he that is assaylled and called / My frende Yf thou lyste for to fyght / Soo fyght thou thenne by thy self al one / For as for me I wyl not be partener of thy folye / The seconde rule that the prynce oughte to kepe in this byhalfe it is / that thoughe a gentyl man shulde accepte the gage of another / that haply were moeued ayenst hym for som malyce or for fauoure or for som prydefull wylle caused with enuye / trowyng to ouercome and putte hym vndre [Page] & he to be the bettre enhaunsed for the same / or for what someuere other moeuyng without rayson / the prynce or his lieutenaūt oughte to aduyse demewrely herupon for to here & vndrestande wel the wordes & the manere of hym that calleth that other / For som there be that wyl coloure ryght vndre a falasse by theyre grete wordes & are so folyshe that they trowe for to begyle god / but this al to gider falleth vpon hem self / with the same the prynce ought also to consydere well what the cause is that moeuyth hym therunto / & what manere of thynge it is / that he putteth vpon the other / And yf it be soo that he saith that it is for dette / the prynce or som other for hym / ought to aske for what a cause is the dewtee due vnto hym / in what lande & in what place it was made whether he hathe writynge or witnes therof or not / & yf it hap that it be perceyued that aparence of som proffe be there or som couloure wherby ryghtewyse iugement can be had / he ought to comytte the cause in arbytrage / for in suche a cas a man myght not by right susteyne nor saye yt / therfore shuld champ of bataylle be made / It the / iij / rule is / that the prynce ought to make hym that calleth that other / for to propose by fore hys persone / the cause of thaction yt he hathe ayenst that other / and also in lyke wyse / to see that the partye deffendaunt be there examyned in presence of his coūseyl where as shalbe as it is said the best men of lawe / and there it ought to be seen & full well dyscuted and duely serched whether the partye plaintyf hath iuste cause or not / and there shal euery man saye hereupon hys opynyon / After whyche thynge yf it be founde soo that the cause be moeuyd by pride presūpcion or folye / as who shulde saye / I wol proue my body ayenst his to the dethe in a champ of bataylle for to gete worshyp / or for the loue of myn owne lady / or that she is fayrer / than [Page] hys is / & suche other dyuers maners of folye / Soon ought to be putte abacke thys thynge and not to be herde / and to forbede that therof be not spoken more / And yet more I saye / that for whatsomeuer wordes of iniurie yt it be / yf they ben saide in an angre / or in hete by suspecyon or malencolye and that he ayenst whom suche wordes haue ben / wyl fyght for hit / there ought not to be iuged noo bataylle / wythout that he that hathe saide them wolde maynten styll the same and wolde fyght in thys quarelle / To the whiche thinge / yf it so happed / yet shulde mē peyne hēself for to modere & pease eche of hem without bataylle / whiche by noo wyse / as it is said ought not to be enterprised nor suffred to be made nor iuged without an ouer grete fawte / cause the same to be doo / but ought to be forboden and letted asmuche as men can [...] But yf it be soo that the matere be grete and peysaunt / as it were for trayson / for murdre or for som grete vyolence doon / and that the partye playntyf can not proue ne shewe the same but by proue of his owne body / and yt the party deffendyng can not suffisauntly excuse himself / but that he is gylty therof / thenne thus as it is said / by thynspectyon & consentyng of al the counseyl / ought the prynce to iuge the bataylle after that the lawe in suche a cas requyreth the whiche is suche / that assoone as it is iuged / though that many one ben so proud of hemself / that they truste in noone other thynge / but oneli in theire bodyly strengthe / and care nother of god nor of his help yet ought to be there commytted som wyse men / that shall shewe to them the grete parell bothe of the sowle and of the body wherynne they doo putte hem self / And that they aduyse and see wel and that they wyl calle vnto them som wyse confessours for to be shryuen and that they aduyse and see wel to them self and that they [Page] of them / that they may be in good astate / and that they calle vnto god to help theyre parte / For grete nede they shal haue therof atte laste / and thus oughte the sayde wysemen to exorte and admoneste them / eythre of hem by hym self / shewyng vnto them how thys thynge is full heuy and grete in whyche they muste dey / or ellis suffre grete dysworshyp & shame so aduyse he and see well to for hym self / that he come not to late for to repente therof / and all suche thynges that ben go ode bothe for the sowle and for the body ought the confessour to see that he can wel telle and shewe vnto hym that he shal shryue / and to admoneste hym truly / not leuynge hym atte the ende of the thynge where he mystreth moost to be wel coūseylled / specyally in tournoys of armes that in suche a cas ben couenable / aswell to assaylle / as to deffende / and this for to doo / that is to wite for to gyue counseyl there to bothe the partyes aswel to the one / as to the other / certeyne knyghtes oughte to be assigned vnto them / that shal be expert & wyse in suche arte and 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 / yu shalte fīde in the aūcyent testamēt. how it was permytted of god vnto ye children of israel that vpon what soeuer day ye men shuld com vpon them / that they shulde deffende hem self / & that they [Page] 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 d [...]on / nor it apperteyneth not / though that at thys day ben the crysten peple of so febl̄e 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 theyre 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 demaū de of the mayster yf we oughte to kepe & holde / that a man of armes may saue hys sowl̄e in excercytyng thoffy [...]e of armes / For a grete doubte myght be caste herto / s [...]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 theyre ennemyes / Whiche wold god that men sh [...]lde leue / How thenne myght he be saued that deyeth so [...] Doughter I shall ansuere the shortly [...] thre conclusyons The fyrst / that wythout doubte / after that the decree decla [...]reth / the knyght or the man of armes / that deyeth in the werre ayenst them of euyl byleue / for thenhaūsing of the feyth of Ih̄u Criste / soo that he be repentyng & sory for his sinnes he goeth strayghte as a martyr vnto heuen: The seconde▪ that yf a man of werre deyeth in a bataylle grownded vpon [Page] 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 coū 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 prī 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 repentaūce 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 theyre 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 theyre landes / to be with theyre naturell and souerayne lorde / how be it / that they oughte with all theyre power / yf they dide fele that theyre lorde had wrong to putte hem self in peyne and in her deuoyre for to lette and dysmoeue the [Page] 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 theyre 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 sto [...]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 anothe [...] yf he wyl saue hym self / and not abyde that he be offēded for suche myght be the taryenge that men shuld come to late fo [...] 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 the [...]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 Fraūce / 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 [Page] 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 coū 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 prī 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 wit [...] / 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 vsurp [...] and take the ryght from another / & that shuld [...]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 repentaūce 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 theyre 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 theyre landes / to be with theyre naturell and souerayne lorde / how be it / that they oughte with all theyre power / yf they dide fele that theyre lorde had wrong to putte hem self in peyne and in her deuoyre for to lette and dysmoeue the [Page] 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 theyre 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 offēded 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 the [...] 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 Fraūce / 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 then [...]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 [Page] 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 shalbe 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 ignoraūce 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 theyre 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 thēne 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 theyre 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 [Page] manere of armes there be of office / lyke as we saye Capytelers of Tholowse / the whiche duryng theyre offyces doo bere armes the whiche ben of olde deputed and ordeyned for thesame offyce / Sēblably 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 theyre 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 Fraūce / 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 theyre 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 difference / & thoo that are of his linage they putte theunto dyuerse dyfferences / And sēblably it is of the other barons / & of al gentylmen in likewise / soo telle I to y• 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 gētylman 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 bēde 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 [Page] other myght chalenge him for thesame / for to diuerse barōs 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 straūger to come in place whiche bare the same armes & euyn lyke of som gētylman of fraūce / 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 suffisaūce of the persones / other in fayt of armes / or in scyence / wysedom / or coūseyll / 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 theyre owne wylle and suche a deuyse as them plaiseth wherof som grownde and foūded thesame vpon theyre name / as one that is called petir hamer / he shall take one / two or thre hamers for his armes / And as another called Ioh̄n 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 vndrestāde I putte cas that my fader haue take for his pleasir in his armes a bē de of goules with thre sterres of golde aboue thesame / or sō me otherthinge / and that another man whiche is of n [...]o sibbe to my fader had tak semblable armes / myght this man thēne bere hem by right without gainsayng of eny chalenge I āsuere 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 w [...]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 frēshman ansuereth that he hath not foūden them of late but that his antecessours of old tyme had & yet dyde bere them / The almayn saith that his lynage is more aūcyent than the frenshmannis kynred / and therfore ought the sayde armes [Page] 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 coūtrey borne y• 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 Fraūce or of som other lāde 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 chalēge 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 ba [...]at to take the armes of another as his owne men myght [Page] 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 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 [...]ught to be by ryght punyshed therfore likewyse as he that shuld cōtrefet the signe of a tabellyon or notarye / or as a marchaunt that shulde countrefete the marke of another marchaūt / & 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 armo [...]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 [Page] there is nothīge 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 aūcient lawes dyde ordeyne that noman shulde bere gold / but that he were a prynce Soo is thēne the coloure of gold moost noble / It the secōd coloure is purpre that we calle red whiche representeth the fire / soo is the fire moost shynyng in his naturell cours after ye sonne & the moost noble of all / iiij / elementꝭ for the whyche noblenes sēblably dide ordeyne the lawes yt noone shuld were red that betokneth hyghnesse / but onely ye 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 elementꝭ / 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 vestementꝭ of Ih̄u Crist dide seme to his apostles white as snowe / & this coloure of white reprepresenteth ye 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 foūde / that in token of sorowe blak raymentꝭ shuld apperteyne to the sorowfull & heuy / so is hit the moost lowe & moost hūble colour that is / & therfore it was ordeyned ye 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 [Page] of the foure elementꝭ 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 /
¶Thus endeth this boke whiche xp̄yne 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 [...]eyng in f [...]ē 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 fraūce in his pala [...]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 thende 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 thēne my lord therle of Oxenford away [...]īg on his said grace / whiche volume conteynyng four bokes / I receyued of his said grace & accordīg to his desire whiche to me I repute a comandemēt / & verili glad to obeye / & after the lityl cōnyng that god hath lente me I haue endeuoyrd me to the vtterest of my power to fulfylle & accōplisshe his desire & comaundement / as wel to reduce it in to englyshe / as to put it in enprī te / to thende 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 [Page] whether it be in bataylles sieges / re [...]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 / thē ne syth I haue obeyed his most dredeful comaūdement / I hū 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 sētence 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 thīg 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 / flaūdres & other placis that he may haue victorie honour / & renōmee to his perpetual glorye / For I haue not herd ne redde that ony prynce hath subdued his subgettis with lasse hurte & [...] 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 /