Here begynneth certayn statutes and ordenaunces of warre made ordeined enacted and estalysshed [sic] by the most noble victorious and most cristen prince oure moste drad souerayn lorde King Henry the vii. King of Fraunce and of Englond by the aduyce of his noble and discrete counseyl holdynge than his hygh courte of his parlament at his paleis of westmynster the xvii. day of October in the yere of oure lord god M.CCCClxxxxii and of his moste noble reigne the vii. yere. For the wele suertie good rule [and] saufgarde of his honorable lordes capitaignes [and] other his humble subgettes and also for suche of them of his said realme of frau[n]ce that herafter wol become his true subgettis being in his most royal hoste ayenst his auncyent enmys of fraunce

Author: England. Sovereign (1485-1509 : Henry VII)1492

FOr asmoche as it is often seen y^e mannys reason wherby he shulde decern the good from the euyl / and the right from the wronge / is many tymes by seduction of the deuyl / worldly couetise and sensual appetites repressed and vanquysshed / wheruppon comunely ensuen discordes. murdres. robbries. diuisions. disobeissance to soueraignes. subuersion of royalmes. and distruction of people / soo that where thies reigne victorye in tym of warre and iustice in tyme of pea [...] be vtterly dampned and exiled. Therfore Emperoures princes and gouernours of tyme past for refrainynge of suche inordinat appetites and punysshement of thoes folnes whiche rather eychue. to offende for fere of bodily peyn or losses of godes then for the loue of god or iustice ful wisely and polletiquely ordeyned diuerse lawes servyng to the same purpos aswele in tym of war as peas. Semblabely oure soueraigne lorde Henry of this name the. vn. by the grace of god kinge of Englonde and of Fraunce and lorde of Irlande entendynge by the same grace with af goodly spede to passe the see in his owne persone with an armye and of [...] asse for the repressinge [Page] of the greate tiranny of the frenshmen nowe lately doon and yet of newe purpensed determyned and prepaired to be doon: to the manifest daungier of his royalme of Englonde / & subgetes of the same / onlesse the saide frenshmē be the soner and mightiliar withstonde & recountred. considereth wele that for the greate suretie of his saide ofte and thachieuynge of his moost noble purpose it appertayneth and bihoueth a wele to ordre his folnes of the warre in Iustice. by the minystres of the lawe as to arryue theym in bataile by the chiefteyns of his army. for whiche purpose his highnes by thaduyse of such lordes of his bloode capitaignes of his armye and other folnes as be of his counseil hathe made ordeyned and establisshed / certayne statutes & ordynaunces herafter ensuynge

¶Firste that almaner of men of the kinges ofte of what nacion. estate or condicion / soeuir they be. be obeissaunt vnto the kinge oure souerayn lorde vpon peyne of drawinge hanging & quarteringe And ouir that that euery man aforsaide the kinges lieutenant for the tyme beinge only excepte / be obeissaunte vnto the marshal of the [Page] hath aggreed wirh his capitaigne aftre the warde of the courte.

Also that euery capitaigne kepe duely his watche warde stale and forrey with asmany men of armes & archers as to him shal be assigned / but [...]f he haue a cause reasonable firste alowed bifo [...]e the marshal / and to abide vpon his ward wa [...]he and stale the terme to him limyted withoute [...]eparringe from it no way but it be by the assig [...]ement or licence of him by the whiche the saide watche warde and stale is made vpon peyn his body to be emprisoned and to stonde at the kinges wyl. Also that euery capitayne haue daye & night watche within his loginge vpon payn of losinge iiij. daies wages

¶That no man disaray him in the battal for no scrie that cometh in the oste.

Also that for noo tidynges ne for noo maner of scrye that maye cōme in the oste that noo man mene him in disaraye oute of the batayle if they ryde or goo but by leue of the chieftayne vpone

¶peyne that he that soo [...]ff [...]deth shalle be. [Page] [...] to the warde of [...] vnto the tyme he haue made his fy [...] with him and founde suertie that he shal no more soo offende / and at the seconde tyme. his body to stonde at the kinges wylle.

For vnlaufulle escries.

Also that none vnresonable ne outragies escry be in the oste by daye nor night vpon payn that he that is fonde the begynner therof to dye therfore and the remenant to be imprisoned & their bodies to be punisshed at the kinges wylle. and he y^t certifieth who is the begynner shalle haue xl. s. for his laboure of the marshalle.

Also that euery capitaigne keping the oste that shalle fortune to haue souldiour of his retynue to be discharged or to departe oute of his companye or to be ded. be it naturelly or by mu [...]e or slaughter within .x. daies nexte and immediatly ensuynge his said dischargynge. departinge or deth certifye by byl his name with the day of his discharging departynge or deth vnto the treasourer of the warres. And if the same [Page] l [...]ē and seal vpon peyne to forfaite his parte in the prisoner vnto his capitaign / and he to be vndre arrest of the marshal vnto the tyme he haue agreed with his capitaigne. In likwise that no capitayne raunson or sel his prisoner withoute licence of the kinge or his treasourer of the warres vpon peyne of forfaiture of the same prisoner vnto the kinge / and that no man bye no suche prisoners vpon peyne to lose the golde and money that he paieth for him / and the prisoner to be arrested to the capitaigne aforsaide Alsoo the capitayn vpon notise hadde of the saide prisoner and licence aslred by his soldiour shal nat withoute cause resonable shewed vnto the marshal lette the saide souldiour to take his best advantage of the saide prisoner howe be it that if the capitaigne wol yeue asmoche for the sayde prisoner as another he shal haue the prisoner & preferrement

Also if any man take any ennemye the which hath been sworne and hadde billet [...] [...]y ma [...] whiche oweth ligeaunce vnto oure liege for [...] the kinge that is to wytte englisshe wasshe [...] she or any other of such condicion that the [...] [Page] sone as he is comen into the oste or els where. he be broughte into the warde of the marshal / vpon peyn to haue the same deth that the same tratoure or ennemye shal haue And he that any siche bringeth in shalle haue an hundreth shillinges of the king or of the marshal for his trauail

Also if any man take any prisoner forthwith as he cōmyth into the oste he bring his prisoner vnto his capitaigne or maister / vpon peyne of losing of his part to his forsaide capitayne or master And then that his saide capitaigne if he bee within the oste certifye the marshal within two daies And if he be oute of the oste in garison / or els where that he certifie the saide marshal as sone as he conueniently may / & declare his name and hauyour by byl as nigh as he can aftre his knoulege soo that he be nat led noon other way vpon peyne to lose his parte to him that shal do first the marshal to haue witting therof and his body to be emprisoned and punysshed atte kinges wyl And that euery man doo kepe or do to he kept his prisoner y^t he ryde nat nor goo at lar [...] in the oste ne in loginges / Butte if warde be [Page] hadde vpon him vpon peyne of losing of the same prisoner Reseruynge to his lorde or maistre his thriddes of the hole if he be nat partie / of the defaulte. and the seconde parte to him that first shal accuse him / and the thridde part to the marshal / and also more ouir his bodye in arreste at the kinges wyl. Also that he suffre nat his prisoner to go out of the oste for his raunsome ne for non other cause without saufconduit of the kinge or the marshal vpon the peyne aforesaide Also that euery capitaigne in like wise bringe his prisoner vnto the tresourer of the werres vpone peyn of forfaitur of the same prisoner vnto the ¶ kinge Also that the marshal from viii daies to viii. daies duringe the kinges armye do certifye the treasourer of the warres of alle suche certificates as shalbe brought in by the capitayns or any other vnto him aswele of his owne as of other almaner prisoners / taken by any man in the ost certified vnto him vpon peyn of renning in the kinges indignacion & to forfaite the double of the value to the kinge / of the saide prisoner or prisoners so concei [...] And like as euerye

¶capitaigne and souldioure is bound [Page] to bringe in & certify his prisoner vndre the fourme aboue rehersed. soo in the same wise and vndre semblable penalties they and euery of them shal bringe in and certifie al other prayes goodes and catalles by them wonne by the warre.

For paynge of thriddes /

Also that euery nan pay his thriddes to his capitayn lorde and mastre of al maner wynnyng by werre / and that aswel those that be nat in solde but logeinge or hostynge vndre the baner or penon of their capitaigne vpon peyn to lose his parte of his forsaide wynnynge to his capitayn and his body to be in warde of the marshal vnto the tym he haue aggreed with his forsaid master / And also that euerye capitaigne pay vnto the kinge aswel the thrid part of his own wynnynges of the werre / as the thridde of the thriddes wherof eche of his retynue shalle be aunswering vnto him / of whiche thirdes and thirdes of thirdes / euery capitayne shalbe accomptable bifore the tresourer of the kinges warres vpon peine of forfaiture of th' said winnynges vnto the ¶ kinge.

¶For geuynge of saufcondu

[...]ytes or congies & for brekinge of theym.

[Page]master or capitayne vpon peyne of losinge horse harneys and his parte of the same childe / reseruynge to his lorde mastre or capitayn his duete so that they be not consentaunt vnto the said defaulte And also that the saide lord mastre or capitaigne bringe him vnto the kinge within viii daies

Also for asmoche as oure saide souerayne lorde for thenwarde loue tendre zele and entier affection whiche he bereth naturelly to his subgettes beinge of his saide oste and armye wolde be lothest and moste displeasaunt to se or vnderstonde any of them to do that offens wherby he shulde deserue the lest punysshement by the saide ordynances prouided / His highnesse therfore desireth and tenderly prayeth his saide subgettes to considre and vnderstond that his gode spede in his saide iourney / the honour of his royalme and the wele and suretie of the same his subgettes stondeth vpon the obser [...] [...] saide statutes / wherfor though it [...] the gretest heuinesse and displeasure / yet [...] necessitye. when the case it requyreth [...] the saide statute [...] executed / and the off [...]er [...]

[Page]In consideratōn wherof he willeth and straitly chargith his said subgettes to haue them self in so gode awayte y^t in no wise they offend the said statutes and to thentent they haue no cause to excuse theim of their offences by pretense of ignorance of the saide ordenances / his highnesse hath ouir and aboue the open proclamacion of the saide statutes cōmaunded and ordeyned by wey of emprynte diuerse and many seueral bokes conteignyng the same statutes to be made. and deliuered to the capitaignes of his ost charginge them as they wyl avoyde his greate displeasure to cause the same twyes or ones at the lest in euery weke hooly to be redde in the presē ce of theire retynue.

Here endeth certeyn statutes & ordenaunces o [...] warre made ordeined enacted & establysshed by the most noble victorius and most cristen prince oure moste [...]rad souerayn lorde kyng Henry the vii. king o [...] France & of Englond by the [...] discrete coūcel holding th [...] his high [...] parliament at his pale [...] of westmynster the xvii. day of October in the [...] MCCCC.lxxxxii. and [...]

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