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User talk:Michael Chidester/Sandbox
[004r] To Mr Vicechamberlein,
Sir, the honnorable welcome yowe vouchsaffed my laste doth promyse this booke also a good acceptacion Yet will I not warrant the thinge so much worth, but assure my selfe, your courtesie can afforde so favourable an allowannce. It is longe since I had this worke in hande, though but nowe it be finished: And in truth my entent was (beinge vsed to lose my labour) either to caste it awaye, or not suffer it to be seene of manie, wch is yet my meaninge. ffor I knowe, those that be either ignorannt, or careles of honnor (as the moste parte of men is) will holde thease discourses, rather vaine & ridiculous, then virtuous or necessarie. But be it so, or otherwise, sure I am, that your noble minde cannot mislike to reade the glorious arte of anntiente time, and the singular care, wch gentlemen in that age, had of their fame and reputacion
Moreover, for so muche as this Author hath onlie set downe the mannor of combatte and doubfull accidente hapned in trialls of armes, not defininge what honnor is, nor discoursed of what causes quarrell dooth growe. I have loked into other writers, intreatinge of such matter, and collected some parte of their opinions: wch collection, I have bounde wth this booke: particularlie to describe the nature of iniuries, howe they ought to be repulsed or revenged, and by what honnorable meanes peace & reconsiliations maye be made, wth some other thinge, perhapps pleasinge to a martiall minde.
Your honnors moste humble & assured
T. B.
Amonge suche virtues & commendable Qualities, as ought to be in all nobilitie, & gentlemen, the knowledge of honnor & armes is in mine opinion of moste necessitie & estimacion. Of wch minde was the Earle Baldessar Castilio, in his booke of the Courtier, translated into or tonnge by Sr Thomas hobbye whose labor meriteth a singular praise, and obligation of all the nobilitie of this Realme. But for so much as the Earle to advoyde tediousnes, hath not in his booke particularlie handled, the questions & doubtfull cases of honnor, daylie hapenings emonge nobilitie, sometimes in Court, sometimes in Campe, sometimes in ernest & sometimes in triumphe & sporte: I have thought meete, emonge manie workes written of that matter to chose the moste anntiente, & reduce the same into our englishe, wherby gentlemen wanting the experience of forraine nations, and knowledge of their tonnges, maye happelie find some fruite. And albeit I knowe that at this daye publique Combatte be seldome suffred, yet by consideringe of such accidente, as in those trialls have happened, we may learne wch way to behave our selues in euery question & quarrell touchinge the fame & honestie of a gentleman: when to speake & when to be silent: when to revenge, & when to rest satysfied, what is quarrell & iuste offence, and what is none at all: & finallie howe to aduoyde iniurie, or by what means to repulse it wch thinge howe necessarie they are to be knowen, I refer to your owne Iudgemente. And certeinly yf iniuries of honnor were orderly & honorablie revenged, I perswade my selfe, they wolde be seldome offred. ffor who is by kinde or custome, so spitefull & iniurious as willinglie will offende anie man, or so folish hardie as wth tonnge or hande wolde quarrell wth others, yf he knewe hym self in honnestie bounde by triall of life to mainteine his needles combat. But the cause of theis dishonnorable doinge, dooth assuredlie pr[oc]eede from ignorannce of honnor. ffor everie man wthout respecte offereth him self not as he is, but as others in courtesie are content to take him, or (to saye better) as they are pleased to name him. This humor not only of iniuringe but also of overweninge, is generall amonge all sortes of People: but emonge our gentilmen moste conninge ffor the greater parte of them be so ignorannt as notwthstandinge they are vtterlie voyde of all virtue: Doe nevertheles thinke them selues worthie of anie title dignitie
[005v] or office, that anye Anncestor of theirs had, were he never so worthie in deede: as though they ought be honored and vsed in everie function wthout sufficiencye or knowledge, only because they be well borne, and descende from virtuous parentage. Wherin howe much they wronge them selues and their contrie, we see, and are sorrie, and the more, for that (as I thinke) there are fewe whom either nature or nurture wolde not have abled to action either marshall or Civile, yf they industriouslie in sure exercises had employed their mindes. An other sorte are, who beinge neither borne noble nor brought vp in virtue, doe notwthstandinge gaine the name of gentleman, and through Corruption or causles recommendation, finde meanes to buye the badges of honnor, & be enrolled emongest the moste noble. Such is the faulte or follie of officers in Armes as for their privat p[ro]ffitt do let everie one in, howe vnworthie so ever they be. And surelie there is nothinge that more discourageth noble mindes, then that riches or [s]p[e]ciall favour wthout virtue, maye p[ro]cure place or title, equall wth those who for seruice & sufficiencie maye iustlie disdaine the societie of such companions. Notwthstanding let everie honest minde seeke to advannce him selfe by due meanes, so shall he be reputed wthout reproch, and either for his virtue worthelie make his posteritie noble: Or beinge so borne, meinteine & encrease the honnor lefte him by others: wch I wishe weare the studdie of all gent. ffor in sekinge them selues good fame, they sholde become hable to honnor & serue their contrie. And trulie, howe litle so ever [fanne?] for virtue, is [forced?] of: Yet am I sure there is no man so careles of glorie, but hearing the praise due to somme man for his virtuous & memorable actes, but wthin him self saith: wolde God I were he or had done as he did. But to returne to or matter of Combatt. I cannot thinke that the nomber of affrais in this Realme doe prcede of anie cause rather then of the over liberall speache, wch is vsed for the moste pte wthout revenge. ffor yf it weare (as in truth it ought to be) dishonnor & shame for a gentleman to speake evell of others, vnless he wolde iustefie his speache wth adventure of life: I Iudge that men so minded, wolde refraine to vtter wordes to the offence of anie. But
[006r] because the greatest nomber doe thinke that to geve evell wordes in prescence or in absence vnfreindlie reporte, is not to be mainteined but wth skowldinge, there are fewe that feare to speake evell, supposing it is a manlie parte, to raile at others, lie, or offer occasion of anger. Manie wordes but fewe blowes, manie fraies, but fewe hurte. I wish they fought more seldome and wth more perill, for then I think they wolde fight more seldome in deede. But suche Combatte be more commonlie vsed amonge men of base condicion, then gentilmen or souldiers. Besides the order of thease private quarrells, yowe shall by readinge this booke perceive, what channces doe happen in other try: alls of Armes, aswell on horsback as on foote, amonge manie, as feawe, wth suche opinions and iudgemente as in doubtfull cases have heretofore happened. Who is to be challenged & when, who muste be defender, & what pri: viledge he hath: who gaineth in fighte, & who loseth the victorie: who is of degrie & estate to be challenged, & who maye not be called to combatt. To be short, though as erst I saide Princes at this daye doe seldome suffer publique Combatte: Yet to behave them selues in all diffe: rance and quarrels, either private or publique in Armes or disarmed, in peace or warre, in towne or feilde. A thinge meete for all gentilmen, and cheiflie those that make speciall profession of armes. Thease booke doe not (as manie vniustlie suppose) provoke men to sodene quarrell, but rather aduizeth them to aduoyde offence, wth discreation to revenge, & not in haste or vnaduisedlie to adventure Reputation or Lyfe. ~ ·
[007r]
The Table Libri primi CapitaHowe Combatte were permitted of God. ca. 1
Off the Mannor of Defiannce. ca. 2
What thinge be required in Combatt. ca. 3
Whether particular Combatte be sufferable by Iustice and reason. ca. 4
Of what condicion those men sholde be that enter into Combatt. ca. 5
Howe particular Combatte in certeine places and times be forbidden. ca. 6
Howe channce of particular combat where is no constitucion of armes, are to be Iudged. ca. 7
How the Challenger ought wth Iustice & for defence of honnor only enterprize the Combatt. ca. 8
Howe in particular combat the Divine Iustice is moste favourable to them that fight for right. ca. 9
Howe the Astronomers doe suppose that the disposition of the heavens doth geve victorie. ca. 10
Howe ye triall of armes is not ever certein. ca. 11
When one of the fighters doe not appeare at the daye & is reported to be dead, howe to proceede. ca. 12
Wch of the fighters ought to chose the weapon the place and the Iudge. ca. 13
Of the mannor & fasshion of fightinge man to man & the disposition of the parties. ca. 14
Wch of the fighters beinge in ye feilde ought firste to Assaile. ca. 15
Whether the fighters beinge in the feilde may wthout Licence repente. ca. 16
Libri Secundi capitaOff the qualitie of the place appointed for particular combatt. ca. 1
If commanndmt be geven by the Iudge yf none of the fightrs shall go out of the limitts proscribed, yf one of them by force of thennemy do it, whethr he deserueth punishmt. ca. 2
[007v]
What triall is made by particular battle. ca. 3When two be entred into the feilde to fighte for life and deathe, the one of them runneth awaye & is taken, whether his ennemie maye hurte him in the handes of the officer. ca. 4
Howe comminge to combat it behoueth the challinger to declare somme presumptions of that wherwth he chardgeth the defender. ca. 5
When the defender hath fonnde the Iudge & place, yf the Iudge wolde not assent to the Combat, whether this defendr be bonnd to finde an other Iudge. ca. 6
When the fighters doe passe the limitte & retorne in agein, what is to be saide. ca. 7
When the Challinger assaileth the defender before he commeth to the place appointed howe to prcede. ca. 8
Yf the defendr cannot finde any Prince that will grannt place for combatt, whether he be bonnde to goe to anie Infidell Prince. ca. 9
Howe a gent ought to fighte for a iuste quarrell to the ende that he maye the rather have virtue. ca. 10
Yf the lorde off a Signorie be required to grannte place for combat whether he may iustlie doe it. ca. 11
In what cases a Prince is bonnde to grannte combat to his Subiecte. ca. 12
Howe the Iudge ought be for reasonable cause allowed or disallowed. ca. 13
What Prince hathe aucthoritie to grannte combatt betwext gentlemen. ca. 14
What othe they are to take that will enter into particular Combatt. ca. 15
When a Proclamation is made by the Iudge that yf anie of the fighters shoulde pass the limitte that he sholde be reputed vanquished. ca. 16
When the Penaltie is that who so passeth the limitte shall not only be vanquished but also loose his heade, yf anie againste his will do passe whether he shalbe punished. ca. 17
When the defendr choseth a suspected Iudge what is to be saide. ca. 18
If the defender cannot finde a Competent Iudge whether he ought to goe into somme solitaire Place wth the Challinger or not. ca. 19
[008r]
Libri tercij CapitaOf the daye appointed for fights. ca. 1
Of the daie of Combat betwext the kinge Carlo and the kinge Pietro of Arragon. ca. 2
When at the daye of fighte an impedimente doe happen to one of the fighters, whether he shalbe excuzed, or receive sentence to his disaduanntage. ca. 3
When the Combat cannot be finished in one daye, whether a seconde day maye be geven or no. ca. 4
If after the defiannce and daie geven one of the fighters doe challinge an other man, whether he so challenged may lawfullie saye performo thy firste combat & then I will answr ye. ca. 5
Where two knights at defiannce appointe a day to fighte before wch daie one of them doth happen to fight wth an other man, & is vanquished, whether therfore he maye after appointed daye be repressed. ca. 6
Libri guarti [!] capitaOf the Election of the weapon, & of other armes. ca. 1
Of armes accordinge to the lawe of Lombardie. ca. 2
When the fighters doe appointe to fighte wth swordes disarmed. ca. 3
Libri guinti capitaWhat Champions maye be geven in particular combat. ca. 1
Of such Champions as be vanquished or that fighte fraudulentlie. ca. 2
Of certeine cases wherin it is lawfull to appoint a champion. ca. 3
Howe Champions ought to be equall. ca. 4
Howe no infamous person can be admitted a Champion. ca. 5
Howe Champions entringe into the liste ought to sweare to fight accordinge to Iustice wth respecte of their reputacion & dueite. ca. 6
Howe yf a Champion be once vanquished he cannot after fight for anie man besides him selfe. ca. 7
A gent Challenged by a yeoman may answere by his champion. ca. 8
Howe it is not lawfull to corrupt a Champion. ca. 9
Whether a gent be bonnde to be his Princes Champion. ca. 10
Whether men wthin age weomen or widoes maye appointe a Champion, or whether an Earle may so doe to his inferior. ca. 11
[008v]
Howe a Murderer cannot be a Champion unles his accuser do refuze to fight in person. ca. 12Howe Champions are geven accordinge to the answer of ye defender. ca. 13
Libri sexti capitaIn howe manie causes men maie come to wager of battell. 1
ffor what causes men maye come to Combatt. ca. 2
In howe manie cases Combat is permitted. ca. 3
Howe Combatts had beginninge of God & howe they are permitted. ca. 4
ffor what persons men maye come to Combat. ca. 5
ffor what reasons the exercise of armes is used. ca. 6
In howe manie cases punishement is to be done vppon those that kill men in particular Combat. ca. 7
Whether a man maye be punished for sleinge an other in the territorie of an other Prince. ca. 8
If a man Challenged may be forbidden to fight by his Prince. ca. 9
Whether a gent Challenginge the vassal of an other Prince shalbe punished. ca. 10
If two knights of sondrie armies doe come to defiannce whether they ought be punished. ca. 11
In what cases the L. is bonnd to fight wth his vassall. 12
If two enemies be made freinds and fall into a new quarrell whether the peace betwext them be broken. ca. 13
If vppon a penaltie a man promiseth to geve the lie to an other, whether not so doinge he maye come to Combat. ca. 14
Whether a woman maye fight in person or by champion. 15
Whether a sonne acceptinge battle offered maye be forbidden by his father. ca. 16
If one iniuried doe repulse the iniurie whether they maye come to combat. ca. 17
In what cases the lorde maye not refuze to fight wth his vassall. ca. 18
In what cases a man iniuried maye come to combat ofte. ca. 19
Whether a defender maye Channge ye quarrell. ca. 20
In what case for iniurie a man maie comme to defiannce. 21
Whether a man iniuried in his trouth may come to combat. ca. 22
If the defendr doe not appeare to combat howe to prcede. ca. 23
[009r]
Of the same Master. ca. 24If a knight doe challenge a Philosopher whether he be bonnde to answere. ca. 25
If two gent doe geve one armes or badge whether for that cause they maie come to combatt. ca. 26
In what sorte Combat is to be eschewed wth a defamed Person. ca. 27
In what mannor a man havinge an vnlawfull quarrell maye come to Combat. ca. 28
Libri septimi CapitaOf what estate they ought to be that are permitted to combat. 1
Whether two Emperors maye come to Combatt ca. 2
Whether betwext an emperor & kinge there is place for Combatt. ca. 3
Whether betwext ii kings contendinge for one kingdome there be place of Combatt. ca. 4
Whether a kinge Crowned maye Challenge a kinge vncrowned. ca. 5
Whether an Earle that is an absolute Prince maye be Challinged by an Earle that is a Subiecte. ca. 6
Whether a gent by birth may Challenge an Earle or Baron. ca. 7
Whether a Captaine generall challinged by a gentleman ought to answere or not. ca. 8
Whether a gent by birth maye refuze an older Souldier. ca. 9
Of the exellencie of Armes. ca. 10
Whether an ordinarie Soldier may come to combat wth a Capteine or other officer. ca. 11
Whether a Soldier discontinuenge armes maye fight wth A gent. ca. 12
In a match of five to five which of them ought to be victorious. ca. 13
Whether an artificer professinge Armes & yet vsinge his crafte maye fight wth an other Souldier. ca. 14
Whether after defiannce one of the fighters committinge a facte of defiamacyon for the same may be repulsed. ca. 15
[009v] Libri Octaui Capita
Off Channces that happen in Particular Combatt & of Agremente taken betwext the fighters. ca. 1
Of two fighters that were in one Combat slaine wch of them ought be victorious. ca. 2
Of two knights agreed to fighte on horsback the one dismounteth and sleath his enemie whether he ought to be victorious. ca. 3
Of two gent havinge agreed that wch of them weare vnhorsed sholde be reputed vanquished, at the firste encounter they fell both, wch of them ought be victorious. ca. 4
Of two knights beinge wthin the liste to fight for life the one is overthrowne, he beinge on the grounde hurtheth the horse of his enemie wch the Iudge seinge departeth the Combatt. ca. 5
Of two gent beinge wthin the liste to fight for life, the one overthrowth the other, he that was ouerthrowen sayth, I am vanquished, & wth those wordes geueth him yt ouerthrowe him a greate wounde wherof he died, wch of them ought to have victorie. ca. 6
Of the honnor wch is gotten in thexercise of armes when one disarmeth an other of certeine peces & whether of them doth beste performe his parte. ca. 7
When in Combat for life or other, therbe corporall hurtes geven wch be of more or losse honnor or more or losse praiseworthy. ca. 8
Of the orders of Iustes and publique firmamente. ca. 9
Of two knights agreed to fighte for life wth mases of Iron, one of them bringeth a mase full of pestiferous pouldr wherby he became victorious. ca. 10
Of two gent entred into the feilde to fighte for life wth swordes, the one dismounteth & taketh holde of his ennemies foote beinge on horsback, who notwthstandinge alighteth also overthrowe him. ca. 11
Of two fighters, the one woundeth his ennemie & seinge his bloode soundeth, the man wounded duringe his sounde doth binde him & after him self dieth. ca. 12
Two gent at defiannce doe come to Combat for life, the Challinger dooth pmise [promise] to pve [prove] his quarrell, at the first incountr they booth die whether ye Challinger be vanquished or the case doubtfull. ca. 13
[010r] Of two men at Armes thone vnhorsed wth his owne sworde strake his owne horse, wch horse thorough furie of the wonde goeth to the other horse & fightinge wth him, causeth his rider to fall also in fallinge breaketh his legge & dieth. ca. 14
Of two fighters, of whome, the one taketh the other by the legge, & he holdeth him till thende of the daye wthout furthr hurte whether for so doinge he be victorious. ca. 15
Of two men at Armes, thone of them by channce thorough his his [sic] horses stomblinge vppon a Troncheon of broken lannce & not thennemies force falleth. ca. 16
Of one that brought certeine pricks of Iron & by such crafte overcame his ennemie. ca. 17
Of two gent the one in fightinge saide I yelde & at the same instannt strake his ennemie & slewe him. ca. 18
When two men at Armes doe incounter, thone is vnhorsed the other loseth his stirrops, is amazed & wandreth he wot not whether wch of them is victored. ca. 19
When ii men at armes do capitulate to ronne iii Courses for lyfe, & then wth ye sworde to ende the Combat, at the first course the one beinge lightlie armed dismounteth & hurtheth thennemies horse. ca. 20
When two gent fight for a quarrell of treason, afterlonge fightenge & neither of them vanquished, whether by the Iudge they maye be parted. ca. 21
Where ii fighte on horsbacke for life, the one is vnhorsed & lieth flat vnseene, whether a standrby maye wthout punishement speake. ca. 22
Where ii men at armes doe agre to fight for life wth condicion that wch of them be vnhorsed or hurte sholde be vanquished & dishonnored, the one thorough disgrace, & not the ennemies virtue falleth wthout hurte, whether the other maye claime victorie. ca. 23
When ii men at armes be agreed to ronne certeine courses& yf he that receiveth moste hurte sholde be victored, it happeneth they were both hurte in diuers places, wch of them ought be victorious. ca. 24
In fight betwext two gent the one hath his eie put owte the other his nose cut of wch of them deserueth most honnor. ca. 25
[010v] Two men at armes doe ronne the Course of the feilde for life, thone is hurte on the arme, the others on the legg, wch of them hath gained most honnor. ca. 26
When a man leftehanded doth fight wth an other that striketh wth the right hannde, & they be both hurte on their fightinge hande what Iudgement ought to be geven. ca. 27
Where the Challinger & defendr be hurte in like members wch of them ought be victorious. ca. 28
In a Matche of fowre wch of them ought be victorious. ca. 29
When it is agreed to fight equallie, yf one of the fighters otherwise arem them selves, wch of them ought have ye victorie. ca. 30
Of two knights that fought for life, the Prince desirous to part them, putteth downe his Staffe, the one after hurteth his ennemie, saienge he sawe it not, what chastizement such disobedience deserueth. ca. 31
Of a Match of seven men at armes against the like nomber. ca. 32
Of A Challinger yt in Combat loseth his sworde whether the defendr ought be victorious. ca. 33
Of a Certeine knight that brought to the feilde a ball of artificiall fire, wch beinge cast vppon the grounde kept back the Ennemies horse. ca. 34
When in Combat for life the one denieth & the victorious doe pardon him yt is victored whether notwthstandinge the Iudge may punish him, or let him wth his posteritie remaine a traitor. 35
When one in Combat is vanquished, and after alleageth that he confessed an vntruth beinge forced therto, whether he ought to be harde. ca. 36
When the Iudge departeth the Combat for pittie or other cause, not attendinge the ende whether anie of the fighters maye Complaine. ca. 37
When one of the fighters is hurte wthin the liste, he beinge hurte overthroweth thennemie, & putteth a knife to his throte readie to kill him, the Iudge doth part them, the hurte man dieth wch ought be victorious. ca. 38
When the Prince yt grannted Combat dothe pardon the victored, & comanndeth that he shall neither be slaine nor prisoner whether ye victorious maye challenge his chardge, & the valewe of his Prisoner at the Princes hande. ca. 39
[011r] Libri Nom Capita
Iff a man vanquished in personall combat not beinge slaine nor deineth his worde, but yeldeth him selfe a prisoner, whether his aduersarie maye afterwardes kill him. ca. 1
Yf a Prisoner yelded doth obteine libertie & returneth whethr he to whom his prisoner may commannd him base seruice & things unfitt for a gent. ca. 2
Yf a man vanquished in Combat & yelded prisoner be suffered to goe at libertie & retorne at the Call of the vanquisher yf his Prince doe likewise send for him wch of them he oughte obeye. ca. 3
A gent victorious havinge taken a prisoner doth suffer him to have libertie vppon pmise [promise] to retorne, yf after beinge called he doe refuze, whether his prince may inforce him to performe the promise. ca. 4
When a gent vanquished & prisoner doth become a L. Prince or Duke, whether he be bounde to retorne to his taker. ca. 5
A Soldier taken by thre, & beinge prisonner to them all is by them all once called to wch of them he ought obeye. ca. 6
Whether a man vanquished & accepted prisoner to goe vpon his pmise [promise] maye redeme his faith for money or otherwise. 7
A man vanquished in personall fighte & yelded prisoner, is geven to the Prince, whether ye Prince maye put him to ransomme. ca. 8
Whether a man vanquished & made a prisoner, shall remaine a prisoner to the sonne of the vanquisher after his deathe. ca. 9
A prisoner suffred to goe vppon his faith beinge called to retorne doothe alledge impediments, whether he maye so doe. ca. 10
Whether A Prisonner taken in Combat for life maye be geven & made the Prisoner of an other by guifte of his Taker. ca. 11
Whether a man havinge slaine a rebell in Combatt may claime the rewarde pmised [promised] by the Prince. ca. 12
Howe that he who dieth in Combatt doth not die a Slave, but maye make his will & receive the Sacrament. ca. 13
[011v]
Whether the spoiles of the vanquished ought to apporteigne to the vanquisher. ca. 14
Whether a man accused enteringe into Combat wth his accusr & not beinge vanquished ought to be acquit. ca. 15
Whether A prisoner taken by a base souldier ought be the prisonner of him self or his Captaine. ca. 16
Whether it be lawfull to alter the quarrell within the listes. ca. 17
Of one yt yeldeth wthout deinenge whether the combat ended, he be bounde to deine. ca. 18
Whether a prisoner goinge at libertie vppon his faithe be bounde to appeare at his takers call havinge any lett. 19
Whether a gent taken prisonner in Combat & let goe vpon his faithe, & denienge he is a prisonner may be by his taker againe called to combat. ca. 20
If two men at armes doe agre to ronne a certeine nomber of Courses, or fight a certeine nomber of blowes, wth their mases or swordes, whether they maie ronne or fight more then the composition. ca. 21
Yf a man weareth an Emprease & one other dooth touche it wch of them ought be Challinger. ca. 22Whether it be lawfull to touche an Emprease wthout leave of the lorde of that place where the Emprease is worn. 23
Whether a gent repulsed touchinge an Emprease maye be denied to fighte. ca. 24
If two doe fight for life whether ye Iudge maye departe them. ca. 25
Yf a gent doth weare an Emprease & one other dooth touche it, whether any of them may refuze to fight. 26
Whether a gent bearinge an Empreas to fight vppon certen condicionsexpressed, & the Condicions not kept, yf the Combat ought to cease. ca. 27
If two gentlemen fight vppon Condicions whether for anie newe iniurie they may be broken. ca. 28
If a gent doe beare an Empreas, & the same is touched by iii sondrie p[er]sons, wch o them ought first come to combat. ca. 29
[012r] Of one that vanquished his ennemie in Combat, wth armes more light then was agreed vppon, whether he ought be victorious. ca. 30
If two Ennemies doe take a truce ,& the one doth weare an empreas, whether the other towchinge it may be refuzed to fighte. ca. 31
Whether a gent wearinge an Empreas & vanquished may after be repulced. ca. 32
Of thende of Combatte for life. ca. 33
Two gent doe come to Combat & are made freindes by their Prince, they one of them for the same dothe thank his Prince, whether for so doinge he ought be reputed a denier and vanquished. ca. 34
Of fowre gent two of them defienge thother two, & whether two of them maie ioyntlie offende one ennemie. 35
Yf two gent defie two others, of whome the one falleth sicke, whether the Combat ought be deferred till his recouerie. ca. 35
Where two be bounde to fight for life, & before the combat perfourmed, one of them becommeth a Clerke, & received dignitie of churche, whether for that respect, he maye aduoide the Combat. ca. 36
If one gent doothe defie an other whether a thirde person maie intrude him self into the quarrell. ca. 37
Yf a man suspected of treason be vanquished in Combat & yet refuzeth to confesse the faulte, whether he shall after be accompted a Traitor. ca. 38
Whether fleinge or deniall wth a mans owne mouth be a greater dishonnor. ca. 39
Finis Tabelle Indicis huius Libri
[013r] Qvestions of Honnor & Armes
Conteynynge: Defiaunces, discords, pacifications, and accidentes in feates of Armes, wth their iudgmentes, groun: ded vppon reason, examples, aucthoritie of Poetes, Historiografers philosophers, ciuilians, canno: nistes & ecclesiasticall writers ·:·
A worke worthye consideracion of all Nobilitye and Others, professinge Honnor and Armes
[014r] How Combatts Were firste permitted by God
Beinge determyned to write the arte of Chivalrye: wherof before tyme in the Latyne, more at large I have written, towchinge Iustice apperteyninge to partycular combatts, called in Latine Duelli. I have thought meete firste to intreate of suche channces as happen to noble and couragious gentlemen, who for zeale of honnor have in those exercyzes of virtue imployed them selues. And havinge alreadie begonne, behavinge to make likewyse ende I will declare cheiflie by aucthoritie, in what sorte at ye beginninge combatts proceeded, ffrom God, as we reade in the Bible howe thoroughe ye will of theternall God, it was permitted in that age, that Dauid the kinge sholde fighte wth Golias, and wthout pittie kyll him. Also by the mouth of the Prophett, it is declared that God speakinge to the Hebrues saide Arme your selues and confounde their tonnges, that is, of the Philistians ennemies to the people of God. In one other aucthorytie written by the Prophet, it is to be redde, that God saide, yowe shall chuse stronge and valiant ment, meete to fight againste the Machabees. ffurther it is founde that he gave in commanndement to the Leuite saienge, yowe shall pursue your ennemies, so as yowe shall make them fall downe before your feete in batteill. And it is to be noted in the booke of Numeri, where God commanndeth his people of Jurie saienge, Arme youre men apte for the warrs to revenge thoffenc made againste the Lorde. And more he saide, yf yor brethren
[014v] be occupied in Batteill yowe ought not to sitt in reste. In the book of Josue it is shewed that by the devine commanndement it was ordered, all the sinners of Amichaleth sholde be slaine and to continnue the fighte so longe till not one were lefte on live. In St Jerome we reade that God saide, prepare your sheildes and Sallette, and arme yourselues wth youre Curatte, mounte vppon your horsses, take your lannces in hande, and goe againste youre ennemies, assemble in batteill and cursed be he that spareth the bloode of thennemies to ye people of Israel. In the booke of Joel is written one othr godlie precepte sayenge Turne your plowes into swordes and your rakes into lannces of Iron. And in all the booke of Machabees, we se that God exorteth, moveth and p[ro]voketh his people to assayle thennemies of Israel in batteill. Also in all the booke of the Kinges, God commanndeth to make warres vppon the disobedient people. It is therfore apparannt by so manie aucthorities that warrs and conflicts are proceeded from God, to punish his disobedient and rebellious people, oppresse Tirannts, and occasion peace in the worlde. Wherfore takinge assurannce in thexamples of God, we will bouldlie discours of privat batteills and combatts wherin commonlye is showed the devine Iustice, to the proffit of all nobilitie and valiant gentlemen, that wth sworde in hande by fighte and combat desire to presrue their honnor and fame vnspotted, defendinge the trewth and worldlie glorie against all wicked and infamous personns that shall seeke to hinder the same, as hereafter, more at lardge we shall declare. And for the behove of suche as are vnlerned in the Latine tonnge, we have here translated, the whole arte of Chivalrye wth aucthoritie of Imperiall Lawes, thexamples of anntient exploits and constitution in armes obs[e]r[e]ued.
[015r] Of the mannor of Defiaunce & Wager of Battell. ca 2
Let vs nowe consyder in what sorte a gentleman ought to geve his pledge of combat to an other, agreeinge wth the difference wherevnto I saye that beinge by distannce of place removed from his ennemye, and desirous to geve him token wherby to pronounce him his ennemye wth deffyannce he muste be called to wage his battell, by somme signe sente him from the Challenger by the handes of somme officer of armes that is the Herehaulte,[2] or Trumpett, who shall presente him a Gauntlett or somme other parte of armour for pledge of battaill, wch shalbe called, The blouddie gloue of battell. And moste commonlye they vse to sende the Gauntlet as the cheife parte of armoure, wthout wch commodiouslie a man cannot handle his sworde, but ever remain fearefull in fighte for defaulte of armour to defende his hande, to his greate dysaduanntage and harme. So as he that dooth receave such token of Challenge shalbe assuredly bounde to fighte wth the challenger, and muste also chuse ye place, the weapon and the iudge, and in case he had refuzed to accept the saide gloue or gauntlet, the officer of armes that caried the same is bounde to leave it in the presence of him to whom it was offred, and in the same place where he maketh te challenge: But yf he accepteth it, alleadginge excuzes or other doubtfull delaies, then the challenger shalbe at libertie, whether he lyste further to prosequute his challenge or not, for that he fineth him selfe delaied at the defendors, who will not directlie accept his offer. And thoughe this maye by lawe of armes be donne, yet so to leave his demannde shalbe thoughte rather slannderous then iuste: But yf the Challenger meaneth to stande to his former determinacion, he maye still pursue his ennemye, till such time as by iuste cause or reason he hathe refuzed his offer and defiannce And yf wthout iuste cause he be sufficientlie proved not to
[015v] accepte the Challenge, but vnlawfullye refuze to defende his owne honnor by order of Chivalrye, he incurreth eternall shame, and desrueth rightfullye to be pictured and set vp for his cowardice of all ment to be beholded. Also it is lawfull for the Challinger, by what other waies of reproche and disshonnor he can devyse to pursue the saide gentleman that in this sorte shall refuze to take in hande the defence of his owne honnor, as hereafter more at lardge it shall be seene.
What thinges be required in Combat. ca. 3.
To proceede ffurther in this matter, yt were not convenient to omitt the five thinges wch in battell betwext man and man, before they come to fighte are required, as we finde it taught by the Emperor and Mr Baldus of Perugia Doctor in Lawe, discoursinge of suche cases wth the cardinall of Bologna affirmeth the same ffirste yf he that is challenged shalbe suspected and defamed wth the faulte or offence wherwth by the challenger he is openly chardged. Secondlye that the infamie cannot be proued or manifested by witnes of creditt or worthie beleife. Thirdlye that the Challenger be of equall or better condicion then he who is challenged, because it were vnlawfull, that a man of small reputacion might call his better to battell, and therby to make him selfe his equall And seinge it is not lawfull for the inferiour to fight wth one more honnorable then him selfe, therfore equalitie in such case is to be obsrued. ffourthlie That the cause wheruppon he is called to combat be personall, and not anye different cyvile of goodes, but shalbe somme offence
[016r] or cause crimynall towchinge his person. The lawe of l [!] Lombardie permitteth a man maye iustlie fighte for goods deteyned, as more distinctlye yowe maye perceave bereafter. The fifte and last is, that the different wheruppon the combat is moved be not before notefied to the iudiciall courte, ffor beinge once moved before a Iudge in open corte and not provinge that wch he obiected, cannot after have triall by armes, nor sentence by Iudge therof. As Fredericke the Emperour in his constitucion writeth, And though in diuers parts of the worlde be diuers customs touchinge this, yet in matter of manifeste offence, no combat shalbe grannted, because wthout furthor prooffe, the cause is sufficiently knowne, vnles that he alledgeth the faulte committed to be iuste. And that for more perfecte triall of the same he is contente to iustefie the same in battell, for then that beinge true, yt maye be triable by combat as hereafter we will declare, howe one having in open place slaine a gentleman, and alledginge that in his owne defence he had iustlie donne it, or els vppon somme other good occasion. It was asked whether it were lawefull for better proof therof and iustification of the facte to come to combat.
Whether Particular Combatts be Sufferable by Iustice & Reason. ca. 4
[016v] Nowe to goe on orderlye accordinge to our pur: pose alredie begon, it is moste necessarie to declare whether combatts man to man be permitted by the christyan religion or not. And herein are to be consydered every tyme from age to age. ffirste howe Dauid the kinge by devine inspiracion fought wth Goliah. After the institucyon of the cyvill lawe for the triall of virtue of the minde, activitie in martiall feates of armes, solace, pompe, and disportes the combatts were permitted. After that tyme, by the lawes of Lombardie in certeine cases, combatts were appointed as hereafter we will make mencion. In the next age by the Civill lawe they were dysannulled vnles the Princes aucthoritie were obteyned. And this custome was longe obsrued, and cheiflie in Fraunce and Germannie. After by the decretalls, suche customes were clerely forbidden, and yet (the same prohibition notwthstandinge) was shortlie after in the accustomes places obsrued: Fredericke the emperour made a constitutcion in this kingdome disannullinge all combatts, excepte in cases of treason and secrett murder. And kinge Charles did also forbyd them by two sondrie iudgementes. In this our age they are onlye kepte by the moderacion of princes, who ought to consyder, yf the cause be good, or otherwyse not to suffer the same to be tried by the sworde, vnles it be greatlie preiudiciall to the honnor of some person, & yf none of thease causes be apparannt in the quarrell Then the cannon lawe expresslye forbyddeth all combatts for the sinne that therof insueth, and the aduoydinge the perill of the sowle. ffor St Augustine and Isodorus saye that combatte be vaine cruelties invented by visious men inserted wth the pvocation [provocation] of the devill, and all such as practize suche vnlawfull exercyses doe manifestlie denie God and worke againste the devine commanndement. And thoughe combatts were allowable, and by custome or profe allowed: yet ought they not to be suffred, neyther ought they in anye wise to be, when they are voyde of reason contrarye to the empire of God, and his devine Iustice wheruppon in suche contries where combatts were in custome they were abrogated by pope Honorius, and
[017r] we saye they are in no place to be iustified, but where the prince vppon iuste cause be therwth pleased. In thease daies custome admitteth that by licence of a discreete prince they are sufferable. We reade in a certeine cronicle written by Jean Villano, that kinge Charles makinge warre vppon Peter kinge of Arragon, for the Isle of Sicilia: the Pope Martino, and colledge of cardinalls, permitted those twoe kinges sholde fight man to man in person, or els accompanied wth a hundred knights on eyther parte, and he yt gate [sic] ye victorie to enioye the kingedome for ever, as hereafter it shalbe declared. ffor further proofe that kinges & emperors maye permitt battell, it is proued by aucthoritie of decretall, that the iuste battells be permitted by the devine iustice, and for yt reason it is lawfull for Princes to publish warrs againste disobedient personns and rebells. Also the Prince that maketh iuste warre doth it in srvice of God thoughe death doe proceede therof. And God saithe I will slea, and for my pleasure all soules shall live Also the emperors of greatest powre and aucthoritie vppon iuste cause wth stile of religion doe also consente hereto, and solemnlye do sweare the fighters in combatt to keepe what they promyse, neyther doe they admitt them to combatt, but vppon a great offence, or for the exercyse of the discipline of armes, or els for the triall of truthe, grevouslye punishinge such as contrairie to iustice doothe fighte and pron[ou]nsinge suche men, amongest all gentlemen for wicked and infamous. And the lawe of themperor commanndeth that the vse of armes muste be obsrued wth great honestie, virtue and religion to the common weale, wth punishmente to the same, because wth greate iustice, the combat ought to be tried, as erste we saide.
Of What condicion those men sholde be yt enter into combatte. ca. 5
[017v] To write further of the arte of chevalrye and battell betwext man to man, I thinke it needefull firste to make mencion of what condicion they ought to be: that are admitted to enter the exercyse of armes. I saye therfore, yf suche as seeke to be practized in that kinde of exercyse, ought firste to consider of thenterprise, take good and sober aduise, howe to performe the same, wth honnor and savetie of their person. Because in feates of armes no force or puissance of bodie prevayleth to victorye, vnles the same be accompanied wth discretion and wysedome, also the good fighter ought long time to be accustomed to sweatinge, traveilles, and insupportable coulde, yea also laden wth armour, endured hunger watchinge, wth all other discommodities, that followe the profession of armes, so as either armed, or disarmed, he maye ever in one estate, finde his bodie, wildie and dispozed wth a courage to shewe ye nobilitie of his minde againste his ennemye and to be noted, not as a newe soldier but rather an olde expert capteine. Vegetio writinge the arte of warrs Ca xxiiij saith that the good soldier studious in the profession of armes muste be skilfull in the vse of his weopon wherof wantinge, he cannot fitlie drawe owt his sworde against his ennemye, wherfore it is continuallie requisite in the warrs to be ever in exercyse, wheruppon Cassiodoro in one of his epistles saith that the courage of a noble fighter longe discontinued from the warrs becommeth vile and cowardlie. And the longe absence from skirmish or conflicte maketh the battell afterwrds seme terrible. ffor this cause a souldier must be continually practized in armes, otherwise he cannot have a firme assurannce in fighte. Casiodoro saith that yf the arte of armes be not vsed, it is to seeke when occasion and neede is offered. Cesaro also affirmeth that such as doe discontinue armes, when they returne to them againe, are as it were yonge souldiers, therfore in tyme of peace, yt is needefull to vse the exercyses of armes as though it were warre Cassiodoro in an other epislte writeth that a soldier muste take a courage, and be brought vp in the discipline of the warrs, for beinge vnpractized therin, he taketh litle assurance
[018r] in necessitie The Emporiall lawe ordeineth that a Capteine ought to exercyse his soldiers when leysr srueth: ffor a man longe nourished in Idlenes doothe channge his valianncie gotten by discipline. Vigetio in an other place saith The knowledge of Armes is kepte by often exercyse and more helpeth the vse of fighte then fortitude, wch disused from armes, differeth not from effeminacie. St Jerome saith the bodie accustomed to delicate garments doth vnwillinglie weare the weightie Corslett. ffor thease respects the vnskillfull sholde eschue the conflicte, wherto his members wolde have bene framed. ffor who so hath his weake bones covered wth tender flesh, enconntred wth an olde soldier, shall easelie be oppressed. He ought therfore to be so vsed to armes, that either armed or disarmed, he may finde him self wieldie and dispozed. Tullius writeth that the soldier vnexercysed in armes, placed in [quadron?], sheweth him selfe like a woman St Jerome saith that the good soldier muste ever seeke occasion wherby he maye declare the magnaminitie of his minde, and he yf seeketh rewardes therof, let him shewe his hurtes for an ornamente. Quintilliano affirmeth that the good soldier never refuzeth the heates of sommer, nor seeketh the furred garmente to defende the winters coulde: Such therfore as are nursed in delicacies cannot indure the weightie armour, and they yf have not shed the blood of their bodeis by gevinge & receavinge grevous wondes, yt is not likely that at their handes, victorie is to be looked for, but only thorough the grace of the almightie powre, and not their owne virtue, Suche there fore as are to fighte for life, a longe time is geven to pve [prove] the listes, and wth other men at armes to practize them selues, and in suche exercyses to prepare the witte, dispose their force, encorage the minde, make apte eache member, and by experte counsell to forsee the deceipt of thennemie wch Solomon in his proverbs allowth sainge, counsell is needfull in battell. Also Seneca saith that longe preparation to fighte giveth a firme hope of desired victorie. It is then needfull to prepare discreetlie to learne to furnish both man and horse of armes both offensive and defensive needefull to the offence of the ennemie, nor in anye wise
[018v] to presume of his owne force further then reason and wysedome wolde ffor Ægesoippo writinge of the Iewish warrs saith that wisedome in the vse of armes is of great importannce, but fortitude wthout wisedome is meere rashnes. A man muste therfore be well practized before he commeth to the vuse of his sworde, putting of all feare and vilitie of minde, for saith Solomon in his proverbs, feare is cause of ouerthrowinge, and Saluste saith, he receaveth moste harme in fighte that moste doothe feare, for hardiness is a defence for the fighter, Also Seneca in his tragedies writeth that fearefullnes in battell is worse then the battell it selfe. Wherfore concludinge I saye, that wth fortitude and wisedome, all perilous enterprises are to be begon and ended, neither muste a souldier so chardge him selfe wth armour as his bodie be combred, that rather by his owne armes then his ennemies he becommeth vanquished, we reade that Dauid goinge to assaile Goliah the giante, he disburthened him selfe of his corslett, sayennge, the same did rather hinder then helpe him, and so fightinge disarmed he became victorious. The whole bodie therfore wolde accordinge to the opinion of Plato and Tullie be armed wth an invinsible minde, fightinge alwaies in hope of devine iustice, and esteminge thennemie, wiselie to foresee his subtletie, and firmelie to truste at the ende thoroughe a valiant minde to obteine victorie wthout doubte or dispaire of evill successe, and thus from time to time to releive his force in fighte, and at the laste so shall remaine wth victorie.
How particular Combatts in certeine places & times be forbidden
[019r] ca: 6.
It is to be noted that in consideracion of the place manye tymes combatts be iustlye prohibited, as to performe them in temples or other sacred places, also are forbydden vppon the Sabaoth and holie dayes appointed to the srvice and honnor of God. ffurther yf the cause be not iuste, or when they fighte not for their owne honnor, yn defence of their contrey, or iniuste quarrell; at thease and such like occasions, place and tymes, who so fighteth dooth greatly offende, like those that against all righte doe defende their contrye as hereafter we will declare. ffor the force & honestie of Iustice is greate. As yf a man be iustlie condemned to death breaketh prison and escapeth dooth committ a greate offence. Such like combatts are also by the scriptures forbidden to persons ecclesiasticall, aswell in respecte of them selues as for other causes, Also in the territories and possessions ecclesiasticall geven for the sustentacion and releife of spirituall persons, combat is likewyse vnlawfull, though the lawe of Lombardie willeth, that ecclesiasticall personns for goodes deteyned from teh Churche mighte fighte by champion But this was after disannulled.
Howe Chaunces of particular combat, where is no institution of Armes are to be iudged by Lawes Emperiall.
[019v] Ca. 7.
We maye not omitt to wrte that emonge
the controversies of Battell there happeneth manye
doubtfull cases and cheiflie in single Combatts where
no order or constitution of armes is obsrued. And therfore
in such cases muste be iudged by the Emperiall or ciuill
lawes, yet often it hapneth that souldiers doe refuze the
determinacion of the ciuill lawes, havinge a proverbe that
saith That lawe and Iustice consisteth in armes onlye
And that the sworde is geven in steede of libell, and to suche
as vse armes that is grannted wch is not awarded by iustice
Valerius maximus sayth that amonge the shoutes of the
warrs, the Civill reasons cannot be harde. Yet such as pretend
a libertie in armes, as though they oughte not to obeye the
civill lawes in decysinge their dyfferente and doubtfull cawses
vndoubtedlye doe greatlie erre, for in those lawes is recyted ye
whole discipline of warre. And all gentlemen makinge
profession of armes, are iudged by Emperors, kinges, Princes,
and their livetenants who thorough experience have lerned
the lawe and constitutions wch in armes ought to be obsrued
They gouerne moste commonlie by lawe written, and when
anye doubtfull channce happeneth in armes, they vse the
aduise of their officers or capteines, who resolue therof
accordinge to their knowledge, experience and iudgement.
ffor wch cause it seldome happeneth that they agree
all in one opinion. And wantinge the naturall reason sometimes
by examples, sometimes by their proper iudgemens
wthout the grounde, they erre greatlie. Because they
make not their in foundacion vppon the lawe written, lackinge
knowledge of the stile and constitucions of armes.
And therfore are all men bounde to the Emperiall
law, and the Emperors by devine assente before all other
are honnored, by whome the vse of armes was founde, allowed
brought in prise, and estemed, makinge therin constitucions
and lawes, though (as before I saide) the immortall
God, before thempire of Rome begon, wth greate care contynuallie
exercysed the warrs. And because the Romains
did by armes firste possesse the Empire followinge their
stepps, all kings have likewise conquered & kept their kingedomes.
[020r] And it is a reason in lawe that armes were invented before the lawes, wch after gave order and discipline in the vse of the same, wch maye not iniustlie be called religion. ffor the sondrie iuste precepts as for the privilidges in arms, for the conservations of the reputacion of soldiers and gentlemen, for the rules and ordinannces, wheby gentlemen professinge armes, might wth discretion governe. And in respecte of armes, the Empire was called moste happie, because thorough the exercyse of armes the emperiall lawes are preserued inviolable, the Emperor by the lawes and by armes in the Empire, have ever bene kepte mainteined and defended By the emperors was firste constituted the arte of the warrs, wch order and discipline, is obsrued, gevinge great priviledge to all gentlemen professinge the warrs, as the civill lawe in manie place macketh mencion. And amonge the reste Constantino the emperor did moste of all furnish the lawe of armes wth good constitucions and priviledges against suche soldiers as obsrue not the discipline, or that vnorderlie doe fighte to the disaduanntage of the armie, or those yt committ any other great offence, and against those that disobeye the commanndement of the capteine generall or conductor, or against them that committ anye robberie or sell their armour or weapon, or convert the same to anye other vse, as to make racke plowes or such like instrmnts [sic] more meete to till the earth then to occupie in warrs. Seinge therfore themperor hat in this sorte ordeined the discipline of warrs, and theruppon for the priviledge of souldiers and gentlemen haue by lawe instituted an order it cannot be denied, but yt the imperiall lawe is to be obsrued, because from themperors is derived the originall of armes: And from the lawe are come the inventors and aucthors wch are of suche reputacion, as thempre is subiecte to the lawe, and not the lawe to the Empire. And for this reason the gentlemen professinge armes, are subiecte to the lawe imperiall and to the Empire, and ought of all other princes of the worlde to be therby iudged, and hereunto is no contrarie, because both proceede from the imperiall fountaine, and cheiflie God. I am therfore determined to founde our discouse of the decysinge of doubte in thexercise of armes vppon the constitucion in armes, and vppon reason
[020v] of the lawe cyvile, ffor that suchelawes are common to every nacion, And this to be true, by thaucthoritie of auntient writers, I will make proof hereafter
Howe the Challenger ought wth Iustice & for defence of honnor onlye, to enterprise the Combatt
Ca. 8.
After challendge made, and the token of defiannce geven, yt shalbe requisite to declare in what sorte, the fighters ought to come to combatt. I saye therfore that who so for offence ascribed vnto him by an other man, taketh this enterprise in hande, ought not vppon light seruise come to defiannce: But wth sober consideracion naturallye to proceede therin, and aboue all things to founde his quarrell vpon iustice, not trustinge so muche to the greatnes of his owne minde, as the good consideracion of reason. ffor Solomon saithe, that armed are not wthout reason to be exercysed. And the lawe affirmeth that fortitude wthout iustice is not to be commended, and that in all battells Religion is to be reguarded, for yt as erst we saide, the discipline of warre was wth great Religion ordeyned. Also Alexander in his booke of a good Emperor, writeth that God is favourable to those yt for iustice cause doe come to fight & doe firmlie beleue yt he wilbe their helper, Svrely such
[021r] gentlemen as wth dyscretion & reason come to battell, are therin the more couragious. Likewise they that wthout iustice attempt suche an exploite, become vile and cowardlie, doubtinge ever leste God myslikinge, or offended wth their enterprise doth hinder them therin, ffor that againste iustice, they suspect themselues to fighte, and to are easelie vanquished. Onessandro saith that an Emperor ought come to battell, beinge provoked, and not unwillinglie, but allwaies reguardinge truth and iustice, and at laste seinge him selfe wronged before God and men, he shall profess that he is not voluntarilie, but wth the inequitie of his enemies brought to battell, not to the hinderannce of anye, but onlye to the defence of his owne righte. Liuius saith in his firste booke ab urbe condita that battells ought to be performed wth religion and protestacion, and not to vsurpe an other mans goodes, but reasonablie to take it in hande. ffor in suche cases, as combat is taken in hande for favouros iustice victorie insueth. The Decretall doth testyfie that mysfortune and adversitie followeth sinfull attempts. Propertius syth that who so hathe iuste cause to fighte, his force increasethe and to those yt attempte wrongfull battell happeneth the contrarye havinge thus proved in what sorte a man ought come to battell wth iustice, non provoked wth Ire, envie, or perverse will. I saye suche precepts muste be obserued in iustification, as Liuius in his booke ab vrbe condita writeth. That a certeine frenche gentleman of great force voluntarilie provoking Marcus Valerius a gentleman of Rome was by him overcome by reason of an infortunate vision, wch was a raven that descended from heaven in the favour of Valerius. Likewise Metio Tusculano having volyntarilie provoked Tito Mallio to battell was by him oppressed and slaine. And Titus Liuius writeth that one other frenchman likewise provoking the saide Mallio was by him vanquished also. Liuius in his booke De bello punico saithe further that Jubellio a Tarentine, provokinge Claudio Asellio in flienge, was by Jubellio overthrowne. So he writeth of Badeo Campano provokinge Crispino who did not only vanquish Badeo, but also spoyled him of his armes. And Iusimano reporteth the like of Alexander the great, and the kinge Poro his challenger. Oftenest times those yt willingly and wthout necessitie of cause to defende their honnor doe make challenge, in the ende remaine vanquished because
[021v] theye attempt the almightie God. ffor this cause the Sober and worthie knightes were wonte to saye, that they allwaies fought for yr manifestinge and defendinge their honnors and right beinge doutfull. And when their righte be known, theye maye boldly saye that wch before wth the sworde trulye they proued, and the wordes of their aduersarie to be vtterlye falce. Thus takinge in hande a iuste enterprize, the same shall not occasion the losse of victorie. And in this sorte ought all challengs and defences to be founded vppon iustice To conclude I saye, that suche as come to combat, ought accordinge to their beleifs, praye to haue iustice for their defence, beinge moved therto wthout malice: So shall they finde God and the heavens to favour their armes, sithe for iusitce they haue taken them in hande. And suche as shall vniustlye make this attempte, shalbe as pernicious slannderous, and gentlemen of vile condicion condemned.
Howe in Particular Combat the Deuine Iustice is moste fauorable to him that fighteth for right
Ca. 9.
When so ever betwext Noble men of gentlemen battell be moved for conseruation of honnor restinge to the Iudgment of armes, it ought by the saide iudgement be determined man to man, wherin is oftentimes seene the deuine sentence. The auntient vse of chevalrye and the Lawe of Lombardie commanndeth that a man ought firmlye beleue, that God is the helper and furtherer of battell and iustice. And euer or for the moste parte, experience showth that God helpeth the truth But because reason and right is not ever apparannt therfore
[022r] the Iudgement of God is hidden, for wth reason, the vanquished in fighte ought not wth crueltie to be punished, and the punishment wch for losse of battell he deserued must wth like reason be mitigated. It is sometimes seene that men fighting for iustice are vanquished, yea though the same vnder the aide of iustice, and the sheilde of reason in their owne defence be taken in hande, wherfore it cannot be coniectured, but that suche hap proceedeth thorough great sinne and offence of the vanquished. Touchinge this purpose we note one auntient proverbe in the decretall wch saith, olde sinnes causeth newe repentannce in battell, and the vncerteintie and doubte of victorie riseth, for that seldome is found two gentlemen of like courage and force, of equall wisedome and skill infighte. Also it often happeneth, that the battell is loste for lacke of good armes and otherwhiles thoroughe crafte the more worthie person is victored. And this opinion is founde written in manie auntiente aucthorities. Fredericke the Emperor speakinge hereof saith, It is no marveyll that the rightfull parte is manie times overthrowne in battell, for (as before we saide) the Iudgemente of God be lightlie hidden, thoughe moste commonlye he that hath iustice is like to be victorious. And for the vncerteintie of the victorie, the lawe willeth, that a man beinge accused of murder, and intendinge to declare his innocencye by combat against his accuser, though in that case he become victored, yet deserueth he not to be behedded, for the saie murder, but mitigatinge his ordinarie punishmts shall have one hande cut off. ffor proof sheweth whosoever hath moste reason is not ever victorious. But hereof we will speak more at lardge.
[022v] Howe th Astronomers do Suppose that the disposition of the heauens doe guie [sic] victorie
Ca. 10.
Albeit hetherto we haue saide, (and yt reasonablie) that he ought to have victorie in battell man to man, that wth moste iustice doe fighte, because we firmlie accompte and beleue God to be protector and defendor of Iustice and truth yet manie times accordinge to the opinion of Astronomers the heavenlye plannetts doe worke their influence in our earthlie bodies, where they frame a disposition to good or evell to winne or lose thorough the aspecte and coniunction of their properties And thorough their opposition doe channge or their bodies, and as Aristotle thinketh be of such force as they alter the complexion of men, gevinge good or evell influence, more in one place then in an other, accordinge to their aspecte and the multitude of starrs. ffor this reason, yf one gentleman sholde provoke an other, when his ascendent were in the seaventh howse, wch is the howse of th ennemie, and speciallie yf the mone shineth vppon him that is provoked, wth a favourable grace, and good aspecte vndoubtedlie, the provoker shalbe victored, thoughe in proper force & compannions he hathe the aduanntage. But when the provoker hath his Significator favourable, and duringe that time moveth battell, she shalbe victorious. And likewise we saye of the other starrs, and plannetts celestiall as they be well or evell dispozed, so there they helpe or hinder victorie. If two gentlemen determine to fighte, and have the heavens equallie dyspozed to them both, yt shall come to passe that in their fight shalbe equall success, or els he shall remaine victorious, that in his nativitie hath moste forcible constellacion. The Astronomers suppose that
[023r] victorie or mysfortune consiste in the howres to have iustice or the contrarye, though from God proceedeth the seconde causes, and therby do channge the influence of the plannets to the good or evell of them that fighte. But yf the allmightie powre of God dooth not deale herein: Then victorie consisteth only in constellacion and their motions, wch are to be vnderstoode, because the mindes of men doe alter wth decrease and increase of force, at the howres predestined. And theruppon Onessandro in his booke of the good Emperor saithe, In battells it is necessarie to have astronomers to knowe the good howres and minuts disposed to good or evell, so the execution maye be performed in time, for wch cause victorie in battell is doubtfull thorough the channge of fortune, and sometimes thorough the vnluckines of one of the fighters, and sometimes thorough a guiltie conscience wherby courage abateth and strength diminisheth, yea sometime thoroughe force or weaknes, and moste of all thoroughe suspicioun to be overcome, as the proverb saithe, Suspicion loseth the game, and somme thorough coniecture, because before time his ennemie hath had the aduanntage, sometimes thoroughe dysdaine or to muche assurannce, and so thorough recklessnes become victored, otherwhiles thorough to muche pride and sometimes by esteminge a companion to much, the daye is loste. Somme are more disposed for battell then others, some are borne vnder Mars, and somme vnder Jupiter. All theas reasons are to be oberued, because they helpe or hinder victorie. But when fortune courage or the disposition of the heavens are all equall, doutles he remaineth victorious, that wth moste iustice entreth battell, for God disposeth him to receave victorie though in manie places of the scripture, we finde yt dyvers knights vnder the annsignes of Iustice, have loste the battell, yet all victorie proceedeth from God as in the next chapter yowe shall perceave.
[023v] Howe the triall of Armes is not
euer Certeine.
Ca. 11.
It is necessarilie to be consydered that wheras two
only do come to fighte, then such battell is to be called
a combatt, wherin is tried by force of armes, the truth of ye
differente betwext those personns. But the decretall
and also Frederigo the Emperor doe affirme, that this
triall is not true, but rather maye more iustlie be cal:
led a gesse or divination. fforasmuch as it disagreeth
wth the truthe, and erreth from common sence, equitie and
consente of all naturall reason: Because it is impossible
to finde two fighters so equall, but that the one either
in force will or skill in armes, shall passe the other. But
the ffrenchmen and also the Italions affirme yt moste
commonly in suche conflicts is shewed the devine iudgmt
and he yt for iustice fighteth dooth allwaies remaine victo:
rious. Siculo saith that (reseruinge the devine providence)
he yt is valiannt manly wise and stronge doth never
lose victorie. The Psalmiste saith, that it is hardlie
to be beleued, that God reguardeth or taketh care of
wicked or peruerse men. ffor wch cause the common
opinion is, that God in those conflicts dothe shewe his
rightfull iustice, yea infidells affirme, that all victory
proceedeth of God. And for better proof of this their opy:
nion, they weare, certeine written lres [ed: letters] vppon their targatts
sayeng yt there is no victorye but by the powre of God, &
this is written in hebrew lres, and confirmed by the empe:
riall lawe; wch thanketh God for victorie, geven thorough
his omnypotencye. Propertio writeth yt iustice geveth
victorye in all battells. But the writings of the Lom:
bards saye yt in combatts we are incerteine of the devine
iudgemt, and they that fight in such battells doe tempte
God. Seneca in his laste tragedie writeth, that yf fortune
[024r] of battell is euer uncerteine and doubtfull, and therfore no
man oughte to be a challenger, but rather challenged, and
not wthout great iustice, to answere by fighte, as here
after shalbe Saide.
When one of th fighters do not
appeare at ye daye, & is reported
to be deade, howe to proceede.
Ca. 12.
It happeneth that two gentlemen beinge at
defiannce, and after wager of battell and agrement to
fighte for life, the one appeareth at the appointed daye
well mounted on horsback, and armed readie to performe
the combatt. The other appeareth not at the promysed time
and as it was reported, the man was departed this life
he that was appeared, praieth sentence to haue iustice
pronounced in his favour, thinking the same no lesse due
then yf he had ouercome th ennemie in fighte, alledging that
for feare to fight wth him the man died. And because suche
request is vniuste, the iudge ought in this case wiselie
to take deliberation, and diligentlie to consult wth somme
expert officer at armes, what might be the cause of his
death, of the howre and time wherin he sickned, and in what
moment he died, chardging the saide officer to enquire
and make true reporte therof. And findinge that natu:
rall death (wch is common to all creatures) was cause
therof, and that that will of God was, that this combat
sholde so be ended, by the death of this gentleman, no
iudgement shall then be vsed consideringe (as erst I saide)
he died naturallie, vnles it be founde he died in the selfe
same day appointed for fighte, or a small time before
he sodeinlye wthout sicknes or other naturall disease
[024v] or accidente was deade, and that no cause coulde be suspected
or thought other then the feare of the combat, and that
therfore he onlye died. And seinge the philosopher saith
the feare of battle is worse then the battle itselfe, and
often the suspicion causeth myschannce as Auicen a
singuler phisition writeth, where he entreateth of the ima:
ginacions wch worde great mocions in mans bodie and
occasion manie channces according to their intencions. ffor
theas reasons it is possible, that the imaginacon of death
might happelie slea him, because he imagined his death
at hand, either and thorough his imaginacon, the
channce might happen as th experience hereof is often
seene. we reade of kinge Lanzalao that havinge sent
for two offendors to th empire of purpose to behedde
them, he commannded also one other, a thirde person
whome he mente not in anye wise to exequute, to be
likewise brought vnto him, and beinge all come, the
first two were forthwth behedded, the other standinge
by, and imagininge of so cruell a death and myserable
sighte, thorough his owne imaginacion therof died.
The like channce happened to Gonella a famous
iester, who wthout force of sworde, sicknes or other
violence only by imaginacion died. It is also reported
howe a certeine fearefull preeste, a man of good propor:
tion, stronge lustie and a greate sleeper, that certeine
of his companions comminge into his chamber, awaked
him from sleepe; sayenge he was in great perill of
deathe, and that he coulde in no wise liue any longer, &
therwthall they offred him to communicate, perswading
him devoutlye to prayer, and in this sort solicitinge him
newlye awaked from sounde slepe, amazed him so, that
after the communion wthout cause imagininge of death
and retorninge to sleepe again was cause that the next
morninge he was founde deade in deede. ffor wch death
occasioned by the perswasion of his frendes, thoroughe
theas fantazies, the saide frendes as though they had
in deede slaine him, were grevouslie punished, where
fore to retorne to our purpose, sith that this gentleman
was by promyse bounde on a certeine day to appeare
[025r] and fight wth his ennemie, and after beinge founde to die neere ye
instannt, wthout other accident or signe of naturall sicknes, yt
maye be coniectured that he is reprovable of feare, and that
thoroughe imaginacion of deathe, he hathe prevented the combatt
Therefore the soldiers will saye commonlye, suche deathe proceedeth
from the will of God, beleiuinge the same to have happened, be:
cause he dispozed him selfe to offende iustice, and mainteine an
vntruthe. The Iudge then ought to pronounnce, by his owne
writinge somme honnorable sentence in the favour of him yt
liueth, because at the daye appointed manfullie & valianntly
he appeared in armes, attendinge all daye for the comminge
of his ennemie who appeared not, makinge declaration of
his deathe, wherof the officiall of armes shall make dily:
gent inquisition, how, when, and in what sorte he died, ta:
kinge vppon the same, councell of the moste expert phisitions
and findinge him sodeinlie to have died, a little before the time
that he ought to come to battell, presumeth, that only vppon
imaginacion and feare of fighte he died, nere before the ap:
pointed time of battell, and not of anye fever or other natu:
rall accidents. Then shall he pronounce, that he whoe
liueth and at the promised time, in appointed place did appe:
are in armes, and worthelie deserueth honnor & victorie
and shall therfore couragiouslie be suffred to passe oute
of the lystes, wth liuelye honnor and wth suche ceremonies and
noble triumphes as to all victorious men in battell to appertein
But yf naturallie he died, then the iudge ought to pronounce
the combat was ended by naturall deathe, not otherwise. And
yet on his behalfe that liueth, he ought to publish that he
came readelie, valianntlie, and manlie to answere his en:
nemie in fighte, gevinge him suche honnor for his appearanc
as to virtue apperteineth, for because at his daye he perfor:
med promise, and attendinge the cominge of his ennemie, thorough
whose defaulte the combat was not performed. And although
somme kinsman, true frende of him that is deade, or anye other
man wolde take the quarrell on him, yet might it not so
be, as in one other chapter we have Declared.
[025v] Which of the fighters ought to
chose the weapon, the place, &
th Iudge. Ca. 13.
Howe it is to be considered whether he
he [sic] that maketh the challenge, or he that is challenged ought
to chose the Iudge, and lykewise the weapon, wherof to give a
certeine Rule, it is dyscreetlye to be considered, that the chal:
lenger hath from the beginninge, fre will and powre to chose ye
waye to armes, for triall of his quarrell, and to proue that
by armes wch otherweise is not triable, and thus provo:
kinge his ennemie to fight man to man, shalbe by him answe:
red, that yf he findeth him selfe by him offended, he oughte
to complaine therof to the iudge, and orderlie to demannde of
him iustice, that he might in combat answer him. But yf the
challenger have meanes by right of armes to shewe & iustefie
his demannde, then of his owne qucthoritie, wthout the iudge it
is lawfull for him alone, to provoke & constreine the defender to
personall combat. And yet herein equitie is to be obserued, that
the challinger vse not more privilodge then he that is chal:
lenged, for he that is challenged is worthie of moste favour
as are those yt (not guiltie) be called to ciuill Iudgemente
and this is by the constitucion of Othone Emperor and
kinge of Italie, and after confirmed by Fredericke, and is
also confirmed and obserued by order of armes, that he that
is challenged oughte to choose the weapon, the iudge &
the place whensoeuer they determine to fighte. And
this ordinannce was because the challenger havinge auc:
thoritie to choose his mannor of triall, and enforce the
defendor either to armes or to iudicyall courte. But wher:
as the libertie is denied, then ought the weapon to be ap:
pointed by the iudges, to the ende that all gentlemen for
iuste causes provoked maye come to combat and ende
the same wth all equitie by iudgemente of armes, so as
no
[026r] advanntage be suffred betwext them, or more favour shewed
to the challenger then the defender. ffor it is conveniente
that all differents beinge brought to iudgemente be weighed in
equall ballannce, because yf iustice ought to stande iustlie &
indifferentlie wthout gevinge aduanntage to anye parte.
The defendor therfore ought to choose the armes, iudge &
place, for yt ys he who provoketh his ennemie to fighte
might choose the weapon, iudge and place, and all other things
needefull for battell, assuredlie the challenger wolde ever
remaine victorious, yf the powre of God caused not
the contrarie, because he wolde chose his moste skillfull
weapon, and moste unapte and vnused for the defender.
Also the iudge sholde be partiall on his parte, and the place fra:
med to the aduanntage of him selfe and hinderannce of his enne:
mie, and so of euery combat the challinger sholde remaine victo:
rious. ffor theas causes a man muste haue respecte to the
commoditie of the defendor to thende that no aduanntage
but wth all equalitie and iuste iudgement the battell may
be tried, for accordinge to the opinion of Soldiers, God
shewth continuallie his iustice by order of armes and
vse of chevalrie, There is graunted sixe monethes to
the defender wherin to prepare him selfe, and awaken
his sleapinge force by exercyse of armes, to chose his
Iudge and place for commune commoditie, that wthout
incombrannce or iniurie to anye parte, and so the combat
to be equallie and honnorablie for triall of thruthe performed.
Of the mannor & fashion of fightinge Man to
Man & the dispositions of the Personns
Cap. 14.
[026v] And forasmuche as I determine to write ye
quallitie and mannor of fighte for life betwext
gentlemen, we saye that the challinger is constrained to
fighte wth him when he challengeth accordinge to the
disposition of his person, and not his owne commoditie, so
as yf the defender be a man at armes, and a skillfull horse:
man, and the challenger a soldier on foote, yet muste he per:
forme his combatt on horsback, and not contende wth him
on foote. And albeit he hath not bene accustomed to
fighte on horsback, and therfore altogether ignorannte,
yf the defender will needelye fighte on horsback for triall
of iustice, yet the challenger cannot refuze himm, because
in suche combatte he ought to frame him selfe to the will
of him whome he hath challenged, for he hath the pre:
rogative in chosinge the weapon. It is likewise when ye
defender professeth armes on foote, and the challenger
on horsbacke, he shalbe forced to fighte on foote, because ye
election is in the defendr to determine in what sort he will
fighte. Also yf the defender hath anye of his members may:
med, as one of his eies, his arme, legge or anye other parte
of his bodie: The challenger ought diuers dayes before the
combat in such sort vse one of his owne, like vnto the defenders
that at the daye of battell, he maye appeare wthout advan:
tage to fighte, as for example, yf the defender wanteth one
of his eies, then shall the challinger, likewise blinde one of
his by somme device, and fight wth the sighte of one onlye eie
open. Also yf the defender that hath but one arme be pvo:
ked by him that hath booth, the provoker shall binde one of
his in such sorte as no helpe can come therof to him in
battell. But yf the defendor doe finde him selfe fre in every
parte from impediments and hurtes, and the challinger de:
prived of the vse of somme member of his, yet the defendor
is not bounde to deprive him selfe the vse of his owne members
but to fight wth all his force, accordinge to his owe powre
and not like the state of the challenger, who knowinge him
selfe sounde and dyspozed, wolde provoke somme lame or
maymed person, assuringe him selfe therby of victorie
thoughe against right he taketh the matter in hannde
[027r] And this is the resolution of Othone Emperor and kinge in
Italie. Fredericke therunto agreenge. Moreouer yf the chal:
lenger be leftehanded, and the defender vseth his righte, the defender
shall nevertheles fight wth his right hande and not his lefte,
because the lefte hande in him that is leftehanded is the right hande
And the challenger fightinge wth the leftehand, shall not fight
accordinge to the dysposition of the defenders right hande, but
accordinge to the leftehanded disposition. There were certeine
gentlemen that demannded yf the defeder were feinte or
weake of nature, and the challinger stronge lustie and weildie,
whether he ought wth fastinge, to abate or weken him selfe, till
his strength becaem weaker equall wth the defenders. ffor
otherwise a stronge challinger, that provoketh a weake
man and impotent, might easelie become in all combatts vic:
torious. wherfore to Auoyde this vnreasonable inconvenient
that a man of strength and force might call to combat, one
of impotent and vnhable bodie, like as we see a conninge
plaier at Tennys, seinge him selfe matched wth one
whose knowledge is farre inferior to his, doth either tie
one hande behinde him, or els dooth playe wth the lefte
hande, and the other suffred to plaie wth the right. So
likewise the Maisters of ffence were ever wonte to
geve somme advanntage to him suche as in skill of that arte
were to him or them inferior. And admitt that a soldier
prouoketh on other wanting an eie, he maye allege that
sith fortune is common to everie one, so in fighte sholde be
equall perill, and therfore the provoker ought not onlie to
blinde the one of his eies as erste I said, but also clere:
ly as It saide weare to put it owte, like vnto his aduersa:
rye, that in fight they maye be of one estate, and yf the one
maye not take hope of the others blindnes, and so fight wth
equall feare. ffor els he yt hath two eies sholde fight vppon
more assurannce, because losinge the one the other sholde yet
remaine. Also he that hath but one onlye eie, sholde fight wth
more feare, knowinge the aduanntage of his ennemie, wch were
no small discouragemt, to hazard the onlie eie he hath. And
therfore it is a principle in particular battells, yt equalitie must
be obserued, to thende that he that is vanquished, may not
have cause to excuse him selfe by disaduanntage to have lost
his quarrell and Combatt.
[027v] Which of the fighters beinge in feilde
ought first to Assaile
Ca. 15.
When as two gentlemen be come into the lists
wth determinacion to fighte, the doubt is demannded whe:
ther of them, ought firste to assaile his ennemie. Wherto is
answered, that it muste be he that challengeth or his
champion that ought to begin the combat, and the reason
of the deffendannte is, that wch the lawe of Lombardie
alloweth. ffor he who challengeth hathe promised, to make
triall of that he affirmeth. yf he therfore never begin the
combat, the defendannt is not bounde to make answere
because his duetie is to defende, and to attende the assault
of his ennemie who hath taken in hande the quarrell, &
to prove that wch he promysed. And this is in the na:
ture of Iudiciall battle where the defender accused atten:
deth the demannde of the complaynannt, demannding reason
by lawe ciuill. ffor it is the parte of the offenders, all:
waies to flee from iudgemente, and it is the aduise of che:
valrie, that the valiannt defender sholde awaite the asa:
ulte of his ennemie craftelie and boldelye, to the intent
that in battell, he maye more iustlie brinnge his quarrell
to good ende iustifienge that he inforced dooth fight and come
to battell to defende his owne quarrell, and so abide the
assaulte of th ennemie victoriousslye, and manie times by de:
vine iudgement the challinger dooth proue vnvanquisshed
The order of theis battles by the minister of armes must be
obserued, who ought to staye ye horses of the fighters by ye
bridles, the one & the other standinge aloofe, the trompetts
soundinge thre times, and at the laste shalbe let lose. And in
case the one dooth hurte the other before the thirde sounde, he
oughte therfore by the Iudge to be punished, or yf the officers
at ye firste sounde of ye trompet let lose ye horses contrarye
to order geven, then ought ye saide officers to be sore punished
or their deputies yf they did make ye offence, and ye gentlemen
shall escape free wthout punishment.
[028r] Whether the fighters beinge in feilde
maye without Lycence of the Iudge
repent them. Ca. 16.
If two be come into the lystes to fighte for
lyffe, and after the combat begun, whether by commune con:
sente they maye repente them in the place, and fighte no more
or not, And thus leavinge battell vnended, whether the
Iudge maye suffer them to [?] the reste of the combat vnper:
formed or not. Master Baldo of Perugia saith that who so
hathe entred the lystes wth intent to fighte for life and death
yt booteth not afterwardes to repent, but shall performe ye
same to the ende. And the reason is that the common com:
moditie ought to be reguarded. In a combat triable by
force of Armes before the appointed iudge, it is requisite
the same be before him fullie ended, because beinge once ent:
red in the lists, and the battell beinge once begon in the pre:
sence of the iudge, it is not after in them to repent, but
are wholie at the devotion of the iudge. And this is to be
intended when the combatt is occationed, for somme heynous
offence, as murder treason, or somme other such like hidden
reason, wch necessarilie ought to be tried, and not to re:
maine doubtfull, vnles it be permitted by the Iudge to
repente, ffor otherwise then wth the Iudges consente, no
repentannce avayleth.
Finis.
[028v] [page blank]
[029r] The seconde
Book intreatinge of Election
of the Place of Combatt.
Of the Qualitie of the place appointed for
particular Battle. Ca. 1.
How to declare
and prove by aucthoritie what place is to be chosen indyffe:
rente for the securitie of either of them that shall fighte. we
saye firste that duringe the Romaine Empire, it was accompted an
office of singuler reputacion and rewarde to be experte in chosinge
a place, that were plaine, spacious, and on no side declyninge, also yf
the sonne were so shadowed, that to neyther of the fighters, the same
might be anye impedymente. ffurther that place and grounde muste
be of suche condicion, as t he winde cannot raise anye duste to hinder
the fighte, or occasion the losse of victorie. And that it be scituate
in suche place where is no suspicion of partialitie. And finallie
that it be vppon suche soyle, where no vnmeete accident maye
channce, that is to saye of the turninge of the sonne, force of winde
indisposition of the earthe, and vnaptnes of the rome. All wch
lacke Vigetio de re militari doothe reherse, councellinge that
thorough wisedome force of armes, time and place, a man ought
to endevour himselfe to vanquish his ennemie, we reade howe
Hannibal thorough the reflexion of the sonne, did geve the over:
throwe to Paulo Emilio, and Marco Varrone capteines of ye
Romaine hoste. ffor the eies of the said Romaines beinge by
reflexion of the sonne dazeled, became victored of the Cathagi:
nences. in the olde testamente, it is also to be redde, that in lyke
sorte bearinge sheildes of goulde, and marchinge vppon the sonne
the
[029v] the Ennemie comminge againste them, thorough the reverberation
of the sonne was so dazed of sighte, that easelie the victorie was
obteyned Hannibal also thoroughe the oportunitie and disposition
of the place obteyned one other victorie. ffor as the Philosopher
writethe, fortune in battell hathe great powre, where pollicie
discretion and magnanimitie be mett. And the place accusto:
medlye sholde be framed (yf it maye) in likenes to resemble a
Laberinthe, defended wth the barrs and rayles of woode, and
shall properly be called a lyste, ffor cause of necessitie the
same maye be made wth cordes or plowed aboute wth thre
forrowes of earthe. In the firste of wch ought the officers
of armes to stande wth the other ministers appointed for
the combat, in the seconde shall the gentlemen appointed to
fighte who shall not in anye wise departe owt wthout
leave of the Iudge, till such time as the combat be fullie
ended, that is to saye one of the two overcome or vanqui:
shed vppon paine to lose the daye, and the victorie to be
his that still wthout fleinge kepeth his place. There
shalbe also vppon this place one stage or scaffolde wheron
shall site the Iudge wth his councellors meete to se and
consider the mocions of them that fighte. Also great
silence shalbe kepte amonge the lookers on, that neither
their feete, handes, coffinge, or weasinge doe make anye
noyse or signe in the favour of disfavour of the fighters
to thende that he that is vanquished cannot alledge
his overthrowe to be rather cawste of the lookers on, then
his ennemies armes. As it happened betwext a gent
of Florence and a Neapolitane of whome we spake be:
fore, declaringe that thoroughe a token given from the
Brother of the Neapolitane standing by he overcame
the said Florentine.
Where commaundement if geuen by ye Iudge
that none of ye fighters shal goe out of ye limitts
prescribed, yf one of them by force of th’ennemy
do it, whether he deserueth punishment.
[030r] Ca. 2.
It is further to be considered that yf the Iudge sholde
at the first entrie into the lyste, by proclamation commande
the fighters, that whether of them wth his person or anye
parte theroe, go out or passe the marke of the lists, sholde
be as vanquished and behedded. Yf it happened that one of
them by violence of th ennemies incounter be forced to passe
his prefixed scope, whether accordinge to the commanndement
of the Iudge, for not obeinge the same, he shalbe behedded or not
wherunto it is answered, that he ought not, and the reason is
this, although the prohibition were plaine and absolute, that
who so passed his prefixed boundes, shoulde besides his van:
quishmente be also behedded: Nevertheles in all lawes the
prohibitions appointed are not to be confirmed after the written
wordes and sence, but accordinge to the aucthors intencion of the
lawe instituted. Then seinge forceblie he hath passed his
appointed marke, he hath not in this disobedience deserued to
die, for that the intencions was, that who so by mysfortune
committeth this faulte, sholde not be (accordinge to the texte) re:
puted disobendiente, because he was fullie determined not to
passe his boundes, though nowe against his will he have
donneit, wherfore he exclaimeth vppon violent fortune, yt
hath favoured his ennemie so muche, as wth force he mighte
cause him to passe his space appointed. The decre was that
neither of them sholde passe oute, that is to saye, willingly
and not forcedlie, by violence or pollecye of th ennemie, for
otherwise he sholde be as victored. ffor the nature of combat
requireth that who is thrust out of the feilde, and so forced
by strength of Armes in defence of him selfe shalbe victored
like as he, that in triumphe to shewe the virtue of his minde
fighteth, and beinge forced to fall to the grounde, by the
aduersaries blowe or that his hande doe touche the grounde
shalbe iudged as victored, of more force then the reason is
that he that is driven out of the place shalbe reputed the
loser, although the Iudge had not ordeined anye suche impo:
sition. he therfore that is driuen owte shalbe vanquished
but yet not behedded, ffor that forced and not voluntarelye
he brake the prohibition of the Iudge, and this decysion is
founde in the civill lawe wch saithe that when the disobedience
proceedeth not willinglie nor of set purpose, the same wth
[030v] capitall paine ought not to be punished. But in this case
havinge thorough violence and force transgressed the com:
manndemente, there is no disobendience committed. The
lawe imperiall willeth, that yf a an vppon paine of lyfe be
commannded not to goe out of the towne or cyttie, and beinge vppon
occasion at or neere the gate, and so by somme hap of violence
or force put foorthe, wherin he transgresseth the appointed
lymitts, yet ought he not accordinge to the tennor of the com:
manndement be punished. Or yf in lyke manner beinge vp:
pon the walls he hap to be assayled wth his enneie and to
escape leapeth downe to save him selfe, for that otherwise no
mean he hath to eschue the dannger of his life, and therfore
not to be punished. Lyke as yf a Shipp wth violence of
contrarye windes driven to havens forbidden, in that case the
Mr shall not receave anye punishment at all. Yet doe
we reade howe Romulus cutt of the hedded of his brother
for not obseruinge the brotherlie commanndement, and trans:
gressinge th appointed terme, yet was his iudgemente herein
vniuste yea rather moste wicked. ffor Remus beinge no
lesse a lorde then he him selfe, thoughe he transgressed
that vnwillinglie, wch for his owne reputacion, and the
common weales was forbydden, yet ought not the punishmt
to extende vnto him. But we saye that Romulus more for
envie and ambition to rule proceeded in the murder of his
brother, as Lucano a Poett of singular eloquence repor:
teth sayenge, Seldome or never love and lordship can
longe wthout slannder sitt quiet in one seate
Manlio was also worthie reprehension in putting his sonne
to deathe, who forgetting his fathers commanndement, fought
man to man against the enemie of Romaines, and though
moste noblie he became victorious, yet the ielowsie of Manlio
in obseruinge the lawe of armes inviolable, gave this cruell
and sinfull iudgemente against his owne sonne, who had
vanquished the ennemie to the people of Rome. ffor wch
crueltie the Nobilitie of Rome were so offended, then
on the daye when Manlio triumphed, they wolde no ap:
peare for the crueltie shewed vppon his owne sonne, who
havinge honnorablie slaine & shed the bloud of him that was
ennemie to the people of Rome, who therfore ought not
onlye to have excaped wth his heade, but also deserued to be
[031r] embraced and honnored for his noble victorie. And this
hapened to Manlio for precyse obseruacion of the lawe
of armes, wch saye, that wheras the Prince dooth com:
mannde his livetennannts, that he shall not wthout ly:
cence fighte againste anye man, yf during yt commannde:
ment he dooth the contrarie, thoughe th ennemie be over:
come, yet maye he be grevouslie punished. Therfore this
lawe muste be vnderstoode when willinglie of him selfe
he dysobeyeth his Princes commanndement, but not when
vppon vnloked for cause, or for somme necessitie he is forced
to assaile the ennemie. And though Iustice naturall
and well tempred reason in somme cases willeth that a
man ought to be reputed as victored, yet shall he not
be exequuted wth losse of his hedde.
What triall is made by particular
Combatt.
Ca. 3.
We muste consyder and vnderstande
that personall combatt of man to man was
founde and brought in by the iudgemente of armes to th ende yt
doubtfull differente wch by civile iudgemente or other proffe
coulde not be proued nor at the leaste by some manifest coniec:
ture presumed that then by armes it might be tried. As a
man beinge accused of murther, and alleadging that in his
owne defence the same was committed, then may quarrell
arise and battle be waged to prove the accuser, and he that
is accused shall defende him selfe in the iudgement of cheval:
rye. In this case yf he that is accused, seeketh to prove yt
the force was committed in his owde defence, then ought he
to provoke the accuser to battle. But yf the Prince doe
[031v] commannde that the murder be punished, then cannot he that is accu:
sed, alleage more that he will proue the murder in his owne defence
vnles the accuser be openlie knowne. The reason is this that
he maye not fight wth the Prince, for the inequalitie of the
condicion, nor yet wth the Iudge aucthorized by virtue of his
office, and the proof of combat shalbe vppon incerteine accusa:
tion, and when he that is accused by force of armes confesseth
the faulte, he ought to be more lightlie punished, then when
by witnes it is proved, for losse of battle maketh the looser condem:
ned. And though the presumptions are sometimes incerteine
yet yf he that is accuzed remaine victorious in battell, he
ought by iudgement to be absolued from chastizement of the
paine, and must be awarded the honnor of victories wth
great favour, because he is presumed to be ignorannt of
th offence. And though (the triall had) wch is the
combat) [sic] be reproued by the devine prohibition, as a
thing vngodlie, yet all souldiers affirme that in combatt
God doth ever for a devine miracle give victorie to him
that fighteth for the truth and iustice. ffor we se never:
theles combatts be vncerteine trialls, that manie times
men thorough their prowes and disposition of bodie in
fightinge against iustice do remaine victorious wch hap:
neth thorought the inequalitite of courage of them
that doe fight. This was the reason of Fredericke
th emperor speakinge of combatts wch are for proof
of truthe and triall of the contrarie.
When two enter into the feilde to fighte
for Life & death; the one of thm runne
awaie & is taken. Whether his ennemie
maie hurt him in the hande of the officer.
Ca. 4.
[032r] Two gentlemen beinge entred wthin
the lystes two fighte vppon lyfe and death, ye
one fearfull of his life, & forgetfull of his honnor, cowardlie
flieth the feilde, and transgresseth the furrowe made by a
plowe, by wch flight he geueth occasion to his ennemie more
boldelie to pursue him, and therwthall is taken by the iudge
and beinge so at his deuotion, th ennemie pursuinge, doe vio:
lentlie strike him, and wth manie woundes molest him, besides
all wch, he demanndeth Iudgement in his favour, and to his
great honnor, But in this case is to be demannded, whether
he that fled be iustlie hurt or no, for that he was wonded
in the handes and presence of the Iudge, wherto according
to iustice, the iudgement is, that he that remainded wthin
the liste is victorious, yet the other beinge fled to the
handes of the Iudge might not iustlie be hurte, because he
was in presence of th officer, who assureth everye offen:
dor not to be harmed, after he be atteined vnto his handes
By the ciuill lawe it is ordeined, that yf a man be
banished for Rebelion, and rewarde offred to him that
coulde slaie him, yf he be founde in the handes of an officer
maye not be harmed, for that he was in the aucthoritie
of Iustice. We reade in the seconde booke de bello pu:
nico, that Claudius fightine wth Jarrea in single bat:
tell, and Jarrea flienge in fighte was pursued by Clau:
dius, and though he saved him self in his cyttie, neere
at hande, yet was he nevertheles adiudged as overcome
and vanquished, and Claudius wth his companions, ioye
fullie triumphed for the victorie. It is also written that
Crispino a Romaine fightinge in combat wth Badio campa:
no was of Crispino beaten downe, dismounted, and readie
to be slaine, and so leavinge his weapon vnaduisedlie fled
backe to his armie, by reason of wch flight Crispino wth
ioyfull victorie retorned to his soldiers, having thus op:
pressed Badio ennemie to the Romaine people, was at
Rome wth merveylous honnor and admiration receaved.
[032v] Howe comminge to combat it behoueth
the Challinger to decleare somme presump:
tions of that wherwth he chardgeth
th defender.
Ca. 5.
It is discreetlye to be considered that before a man
commeth to combat vppon lyfe and deathe, the challengr
ought necessarilie to haue aucthoritie wherby to pro:
voke his ennemye, and therfore shall shewe somme prsump:
tions, token or coniectures of the offence committed, & where:
vppon he intendeth to fighte, to th ende he maye iustlie
come to battle, because only vppon informacion of the
challenger and the accusation, they shall not proceede, for
that suche combatt, sholde seme a mannor of Torture
iudiciall, and before yt the Iudge maye proceede against
any mysdoer, he ought first to enquire, of the life of the
offendor, and after consider the faulte wherin he is accused
and wth diligence to see vnderstande and examine the
qualitie therof, And yf in such examinacion, he findeth
cause of coniecture, wheruppon to minister tor:
ture, that then he oughte to doe it. Wherfore manifest
presumptions ought to be againste him, that is defamed,
and those to be shewed by the defamour. So as yf neither
apparannt innocencye nor manifest offence be to be founde in
him that is challenged Then maye the same iustlie be
tried by force of armes, till eyther the one or the other
confesseth or denieth the matter, and this is the lawe of
Lombardie, and Frederigo the Emperor Andrea of
Sergma Baldo of Perugia therto assentinge.
[033r] Whn th defender hath founde the Iudge
& place, Yf th iudge wolde not assent
to th combat Whether this defender be
bounde to finde an other Iudge.
Ca. 6.
Lett vs nowe consider yf twoe
gentlemen vppon defiannce doe wage their
battle, and the defender findeth a sufficy:
ent Iudge and place convenient accordinge to order in this
behalfe. The daye of battle come, the Iudge appeareth and
not consented the combatt sholde as was appointed proceede
on that daye, alleadgeth he was not sufficiently learned
or yt he wolde more aduisedlie studdie to vndrstande and know
the termes of the differente, or els for somme other hidden
cause, he thinks it necessarie to deferre th appointed daye
and vse possecie, not vnlike the goode taylor, who laienge
his cloth before him dooth make sondrie designes to attaine to
the perfecte shape. And as the skilfull builder before he
workethe his frame dooth forste consider in minde his deter:
mined worke, such skill is vsed of this Iudge, who deferreth
the daye. But yf he that is provoked dooth pursue his
quarrell, and therfore praieth an other daye, to ende
the differente, the question is, whether wth the same iudge
and in the former place appointed they ought to proceede or
not, Or whether ye defender be bounde to provide an other
place and iudge, because th appointed daie is paste wthout
fight, thoroughe the Iudges defaulte. It is answered
that yeae for that the defender after permission of
combat havinge chosen the Iudge, yt mighte be presumed
that he repenteth him selfe to have chosen such a Iudge
as rather in deedes then wordes had determined therof, by
reason the combatt is deferred, therfore the defender ought
[033v] to provyde an other Iudge that the combatt maye in anye
wyse proceede, for otherwyse the iudge shall seme fraudulentlie
to be elected, for the battell not followinge yt may be saide the
ennemye that consulted, that at the daye he sholde revoke
the lycence grannted. And though the defender hath
found a Iudge, who after assurannce of battaile, denieth
Iudgemente, yet shall he not be free from his pmise, &
the negligence of the Iudge shalbe to him alone impu:
ted. This the lawe approveth that the negligence
shalbe imputed to him of whome the negligent freind
resposeth his truste. And he to whome free choise
is grannted to ende the cause, yf it be not ended
is bounde to fine one other. Therfore he that
findeth a Iudge that will not conceave nor vn:
derstande, yt cannot be intended that he hath done
his duetie, as though in deede nothing at all were
done. And therfore by this meane cannot save
him selfe excuzed. ffor thease reasons the de:
fender ought to finde an other Iudge more diligent
and also a place, as manie emperiall lawes by auc:
thoritie doe approve, wch arrirme that wheras is
no beginninge there is no ende, sith nothing at all is
done, and in all thinges after the beginninge thende
is to be looked for, because the beginninge is more
worthie then thende, and th effecte of all doings are
referred to thende. ffor this cause, yf two gentlemen
at a daye appointed be entred into the lists, and fight
in the combatt for certeine time, afterwardes the
Iudge thus sufferinge the beginninge, yf after he com:
meth to parte them, forbidding to fight anye longer
Then the defender havinge appointed the Iudge, the
place and the other circumstanncs requisite to combatt
though the challinger desire the defenr to appointe
a newe Iudge and place, yet the defender is not bounde
to do it, and shalbe free of his promise, ffor havinge
once put order in all things requisite to battell & begon
[034r] to fighte wth his ennemye althoughe the battle be not
ended, it is not his part to prosequute the same to
ende, only because it is not thought meete to the Iudge
to followe the matter further, havinge of his auctho:
ritie decreed and made signes not to fight anye longer
And this maye be sade to be a definitive Iudgement
sufficient for the quarrell, wch is as it were ende of
their differents, and so is the defender deliuered of
the Iudge who hath taken ende in this combatt. we
must also vndrstande that in case the challinger wolde
finde an other Iudge that wolde promise to se ende of the combatt
begon, yet shall not the defender be bounde a newe to
fighte, & ende the matter before the newe elected
Iudge, for havinge (as is alredie saide) performed his
duetie he is become free, and cannot [?] in that
quarrell be challenged, neither can the challinger
after moleste him by iudgement in other places or terri:
tories, for that he is vnsatisfied. Neuertheles the
challinger hath in this case occasion of quarrell a:
gainst the Iudge, saienge he hath bene of him wron:
ged in partinge the combatt, we are not againste
the defender, vnles it was speciallie agreed, that
they sholde fighte till the one or the other were
deade or yelded. ffor in that case they shall be
bounde in somme other place, and before an other
Iudge to ende the combatt, so as accordinge to order
the one or the other be slaine or yelded. This is
confirmed by manie emperiall lawes and commanndemts
entreatinge of like channces.
[034v] When th fighers doe passe the Limitts
& retorne in againe what is to be saide.
Ca. 7.
Two gentlemen determined to fighte
for lyfe and deathe do cause the Iudge to
appointe the place of battle, where before they ioyne, pro:
clamation is made for the greater honnor, that he that
passeth owte of the marked lists appointed, sholde be
iudged to lose the combatt. It happeneth that thorough
violence and force in fighte they passe all the saide mrks
and sodinlie retorne into the place againe. In this case
it is to be demannded of the Iudge wch of them oughte
to winne or lose the battle. wherto it is to be answe:
red that for reason of equalitie, the Iudgement shalbe
to bothe alike, for that both the one and the other wente
owte and retorned againe. And forasmuch as they re:
couered in the place incontinentlie, they declare to have
made amendes for their goinge owte. Therfore the
combat begonne shall ende onlye when the one or the
other by force and manhoode of thennemie is oppressed
and not by a litle transgressinge the marke by force of
thennemies blows, wherby proceeded not any great disho:
nour in armes, for seinge boothe parties alike have passed
the marke, they are both worthie like punishmente.
But the sentence is to be geven of the one for transgres:
sion and not of booth, for that of force the one muste be
victorious, & the other victored.
[035r] When th Challenger assaileth
the defender before he commeth
to the appointed place, howe to pro:
ceede. Ca. 8.
It is to be demannded further of a Iudge ap:
pointed, that when two gentlemen have waged
battle and goinge towardes the determined place
to fight, the one assayleth the other vppon the waye, not
beinge come to the feilde, and the challinger gaineth the
victorie, whether the defender be iustlie overcomme or not
or whether the challinger ought as a traytor to be condem:
ned, for assayling his ennemie contrarie to agremente.
wherto is answered that although they were defied foes
and desirous to trie their honnor in feilde, before a Iudge
at a certeine daye, yet was it not lawfull the one to offend
the other before they come to the appointed place. Because
the defender not beinge prepared, nor come to the feilde, it
shalbe iudged a manner of treason. And by the lawe civill
a man ought not to be assayled before defiannce, wherup:
pon he shall take warninge to defende himselfe, as not
vnprovided, and the more when the place Iudge & assurance
of feilde is grannted. wherfore althoughe the challinger
in case aforsaide overcommeth his ennemie, yet ought he
not have iudgemente of victorie, but rather to have commit:
ted treason. The civile and Emperiall lawes doe comma:
nnde that this offender is bounde to make amendes, for ha:
vinge in thys traiterous sorte oppressed his ennemie, and may
as a traitor, be called to combat or be sore punished by his
Prince, as one yt hathe broken promyse or faith, and re:
puted accordinge to lawe of armes and custome in chevalrie
a perfidious traitor. And this is the moste trewe decision
of this Question.
[035v] If the defender cannot finde a Prince that
will graunte place of combatt, whether
he be bounde to goe to anie infidell Prince
Ca. 9.
When as a gentleman or other soldier is chal:
lenged to personall combatt, and required as he
ought to finde place & iudge sufficiente according to order
in armes seekinge thorough all christendome, and cannot
of any prince obteine place for combatt, yf he also willed
by his challenger to seeke the same emonge the infidell
and barbarous nations, yet is he not vppon this occasion
bounde to departe. The reason is this, That no christ:
ian oughte to submitt him selfe to the iudgemt of infidells.
And thoughe diuers christians have gone to fighte in
barbarous & infidell contries, yet by the lawe written the
same is not graunted, because all christen subiects are
forbidden wthout lycence of the Princes to passe into
anye Infidells contrye, for that the Infidell kings are enne:
mies to the christian nations, infamous, and cannot reprove
or iudge of our faithe or criminall differents happeninge
emonge christians, no christian therfore can geve aucthory:
tie to an Infidell to pronounce iudgements, and who so for
like cause goeth to infidell contries or barbarous, beinge
taken for a christian, shall euer remaine as a bonde
man, to him that dooth firste apprehende him, whoe
maye also as a moste wicked man see him. Also our faith
forbiddeth that by anie meanes he sholde haue libertie
thoughe the custome be yf manie times libertie is geven
at the will of the Mr. ffor thease reasons they muste
demannde yf the challinger ought to be refuzed, and in
case the challenger wolde in the sighte of an infidell
Prince remitt the defender, yet sholde yt sentence nothing
prevaile, but rather for the same at his retorne, before
the ecclesiasticall or seculer Iudge be grevouslie punished,
And also shall councell and disannull everie acte written,
in the continuacie of the christian knighte, that before
the infidell Iudge to his dyshonnor was made, refuzing
[036r] all barbarous Iudgemente. And thoughe for not beinge
prohibited by lawe, yt semeth lawfull for christians to
take aide of Infidells against the barbarons, yet is
it not mente in this case abouesaide that wo gentlemen
ought to seeke for reason by Infidells Iudgemente
Howe a gentleman ought to fighte
for a iuste Quarrell, to thende that he
maye the rather haue Victorie.
Ca. 10.
Euerie gentleman that wth his
owne assurannce wolde iustlie come to particu:
lar combatt ought willinglie to be neither chal:
linger nor defender, but rather forced and provo:
ked by necessitie for the defence of his honnor & reputa:
cion, by common opinion of men professinge armes, all suche
as voluntarilie wthout necessitie of offence doe provoke
others to combatt ought of righte to lose the daye. And in
doutfull cases for not seeminge a willfull challinger, shall
vse the termes of a defender, proceeedinge to fighte wth a
noble minde for the defence of truthe and the honnor of
his righte, so dispozinge him selfe to mainteine the same.
wherfore the quarrell wolde be iuste, therby to declare ye
wronge receaved, and so of necessitie become challenger, as
in place of a guiltles man iniuried by his companion.
ffurther he shall shewe a iuste cause of prououcation of
harme receaved, howe and when vppon iniurie or other
preiudice to his honnor or fame offred by his ennemie, wth
whome he mindeth to fighte. Thus doinge he shalbe cal:
led aforced challenger, for yf he holdeth place of a defendr
& prepareth him selfe to fighte offringe quarrell with
wordes grounded vppon iustice, & not againste reason
for sometimes a man maye have reason, & frame his quarell
[036v] in suche sorte yt by Iustice it maye seme vniuste, and truth by
wordes maye happelie seme vntruthe as it is alredie decla:
red, that men ought to proceede wth great equitie & iustice
we finde yt a certeine gentleman published that whosoever
did speake to contrarie his wordes he wolde call him to
combatt, wherunto one answered, lo here the contrarie, and
beinge in doubt wch of them was provoker, yt was deter:
mined by other gentlemen, yt he who made the publication
ought to be the challenger. Lykewise who so setteth vp anye
writinge against those yt will speake the contrarie
shalbe also challinged, because he therby summoneth the
battle firste, not beinge iniured, and therfore he is a
willfull provoker. ffor wch reason manie times thease
voluntarie challengers become losers.
If a Lorde of a Signorie be re:
quired to graunte th Combatt
whether he maye iustlie do it.
Ca. 11.
Iff a Lorde or Prince be sued vnto, to gr:
aunte place for combatt, yt is demannded yf
by iustice in armes he ought to doe it or not?
wherto is answered no. Because he ought
not to permitt manslaughter amongest his owne tennants
but rather shall wth suche reasonable meanes as he maye
make peace or truse betwene the parties, or cause amendes
to be made to to him yt is iniured, Yet a kinge or Prince
seinge a man wth great infamie provoked (wherof he
cannot clere him selfe) but only by force of armes. Then
by order of Chevalrie the combat ought to proceeded, for
purgacion of the honnor of him, that is iniuried by infamie
and speciallie yf the same concerneth treason murder &
suche lyke grevous offence, or for honnor in somme other
respecte, wch he estemeth aboue all other thinges. Like
wise
[037r] in channces and offences, wcy by lawe & custome of Chevalrye doe
happen combatt is permitted, as hereafter shalbe seene in the booke of
the Causes of combatt. And for this reason the Subiecte of a Lorde
or Prince dispozed to fighte doe vse to go out of their Princes iu:
risdiction, or els to hide them selues for not beinge letted or con:
streined to peace or other satisfaction.
In what case a Prince is bounde to
graunte combatt to his Subiects.
Ca. 12.
It is to be considered yf a Prince kinge or other
Lorde beinge sued vnto by somme noble gentleman to
graunte the combatt & be Iudge betwext him and one
other gentle of whome he findeth him self iniuried in cause of hon:
nour, whether the Prince by order of Armes & Chevalrie
be bounde to graunte them feelde to fighte or not, wherto is
answered yea, so as they that make such suite be gentlemen
or worthie soldiers, who for defence of their fame & honnor
doe require it of the Prince, and that the Quarrell cannot
be tried by pffe apparaunte, wherby that neither remaine
dishonnored, for the discouerye of truth by order of Chevalrie
and lawe in armes he is bounde to take the Iudgemente and
graunte combatt wth assurannce in causes pmitted by order of
lawe and custome, but yet not wthout longe & sober delibera:
tion, & councell of valiannt & expert gent in armes & ex:
ercyses of warre. Also the Prince shall declare yt
not wthout iuste cause of necessitie he permitteth it, &
wth ripe Iudgemente & wisedome consider yf anie of
them determineth to fighte against righte, or yf their in:
tencion be iuste, and theruppon permitt the combatt, to the
ende the truth maye appeare for cause of honnor, & not
anger, malice, or other ill will bringinge forthe the origi:
nall of anie enmitie, but only for great offence, or for the
honnor and aduoydinge infamie from him that is burthened,
beinge wthin his Cowrte, so as of necessitie (yet not wthout
[037v] greate councell of the Prince) combat ought to be for triall
of truthe. ffor neither vniuersall nor particular battle can
be before the cause debated, that by iudgemente of experte knights
the battle maye prcede. ffor no man in him selfe is wise nor
ought in harde causes alone to iudge. And wheras the Iudge
is of one opinion, and the councell of an other, that devise is
to be followed wherin moste likelie reasons are brought conser:
nable to truth iustice & equitie, as witnesseth Andrea de
Herma. ffor wch causes such are not to be admitted to fight
who onlye to shewe their conninge or courage, or for anye
vowe made towchinge love or disdaine, to require the campe
for such men oughte to traveill the worlde and seeke the in:
fidell nations and vppon them shewe their valianncie, for
in gevinge licence to suche voluntarie Challingers, wthout
all necessitie or cause of honnor, the Prince shall
greatlie erre, by reason of manslaughter, that mighte
happen therof.
Howe the Iudge oughte for reaso:
nable cause to be allowed or disallowed.
Ca. 13.
It is manie times demannded by gentlemen, who, or of
what condicion he ought to be, that sholde be Iudge, bet:
wext two yt contende vppon wager of battle, wherto I
saye that accordinge to the lawe written, when both of them
be subiectes of one onlye Prince, the Prince him self
ought to be demed a sufficient Iudge the cause being iuste
wheruppon they oughte to fight as alredie is declared, be:
cause it is presumed, that wth equall affection & indiffe:
rentlie he geveth sentence. ffurther for that the com:
bat is for triall of truth, wherof he beinge betwene two
Subiects a Iudge, he cannot committ anye partialitie in
[038r] Iudgemente. But in case the Prince refuzeth to be their Iudge, or
that for somme iust cause he forbiddeth them to fight, or els because
they are the Subiects of two other Princes, then ought they seeke
somme other Prince for a Iudge that to neither of them is sus:
pected Therfore the suspicion wolde be iuste. And yf two sol:
diers in time of sruice doe wage a Combatt vppon defiannce both
of them sruinge vnder one Capitaine, then the saide Captaine shall
be demed a Iudge indifferent. Or yf they be of ij sondrie bandes
and vsine diuers weapons, yet one of the Capteines or somme free
Prince that is content therwth and skillfull in armes, in whose
Court are conversannt manie noble Souldiers, gentlemen &
other great estats expert in warrs may be likewyse the Iudge
ffor such Princes as are vnskillfull in armes & Chevalrie
cannot be meete Iudges, for they beinge more practized in other
affaires, as merchandize musique dannsinge and other suche
like delights, never trayned in armes, shall not therfore be de:
med Iudges, sufficient to determine cases of armes, though in
other things they be skillfull inoughe, & also wise, yet the
wante of experience in the doubtfull channces of armes
yt is not possible they can iustlie iudge of them. And yf
it happened that two kings or Emperors shold fight vppon
a thinge perteyninge to the Churche, in that case the Emperor
or Pope in times past, hath bene receaved for a Iudge
indifferent, as we saide before of kinge Charles, and kinge
Peter, and also one other kinge who determined to fight
wente to Bordella kinge of Englande. He (as the cronicle
of Jean Villano reporteth) sent vnto him his Sindico for
a Iudge sufficient to determine of all Channce that iustlie
might happen in Combatt.
What Prince by reason hath auc:
thoritie to graunt combatt betwexte
gentlemen.
Ca. 14.
[038v] Howe it is to be considered what Princes have
aucthoritie to give Licence of combatt vnto gent determined to
fighte, yowe shall vnderstand that only themperor, kings
free Dukes wth all such Princes as have no superiour, but
absolute powre maye graunte free place for combatt. All
other Barons or Princes havinge the titles of Prince
or Dukes not absolute, cannot iustlie graunt suche licence
neither maye the Liveteninte to a kinge, though he be generall
sent from a free Prince, permitt this kinde of battle, excepte he
be great Constable, capteine generall, or generall conductour of
somme Emperiall or Royall armie vnto an Emperor or kinge
or other free Prince, who maye admitt particular combatt
only to all such as srue vndr his Standarde, notwthstandinge
they be straungers, so longe as they srue in his Campe, and ye
territorie where the combatt is appointed, be not muche distant
from his armie, and thoughe the same, be in forrein Contrie not
subiect to his Emperor or Prince, yet by thassent of his
Prince he maye graunte free feilde for combatt. Also ye
saide cheif capteine or Liveteninte in presence of his saide
Prince shall haue lyke aucthoritie, yf the Prince him
selfe dooth not graunte the same. And admitt he did ad:
mitt the Combatt, yet shall it have relation to the Princes
pleashr and not his owne aucthoritie. Yf it happeneth the
heire apparaunt of the Prince he present or enye other sonne of
him sruinge as Liveteninte to his father, he shall in this case be
of greater aucthoritie then the saide other capteine. Therfore
this worde Liveteninte or capteine of an armie, ought to be vndr:
stoode of him, that holdeth the seconde place in aucthoritie to his
prince, for they maye wth assurannce permitt or licence battell
to them of their armies, of their owne assente, and may also elect
Iudgs or other officers for the government of the armie, they
the leade. ffor this reason they maye likewise graunte licence where
they are incamped. Also the saide Liveteninte as a lorde
confederate in feilde maye wthin the territorie of an other
Prinnce his Maisters confederate give licence for that the
one & the other Princes in booth contries maye wth assurannce graunte
licence for combatt, for ye iurisdiction of confederate Princes is com:
mon, & the one maye ever dispose of the others contrie as semeth beste
to him selfe. And of this, the Lawe maketh expresse mention.
[039r] What othe they are to take that
will enter into particular combatt.
Ca. 15.
It maye not be forgotten but rather necessitie
moveth to make expresse mencion of the othe wch suche
as are determined to fighte for life and deathe ought to take
for the lawe of Lombardie made by those Emperors wch
broughte the same into Italie willeth that the provoker
or Challenger ought to sweare, and not he that is pvoked
or challenged, for yf vppon suspicion, a man were of necessi:
tie constrained to sweare, he coulde not iustlie do it, vnles
he saye that vppon suspicion he determined to fighte, and in
case he affirmed the truthe by othe & not to fight for suspi:
cion, he ought to sweare to the truthe as in the constitucion
of Frederick the Emperor, yt is ordered that all parties
to avoyde the slannder of iustice shoulde sweare, That
is to saye defende eache quarrell wthout enye crafte
or reproche, and firmlie belive that for truthe wch leade
them to fighte, and that all principallie defende righteous
quarrells. Also the champions shall sweare to fighte
wth all their force, as shall hereafter be saide in the booke
where we intreat of Champions. And albeit somme have
saide that he yt is overcome havinge taken othe shall suffer
suche punishment as he yt committeth treason, yet can the same
neither by iustice nor reason be, because all scriptures doe
affirme ye iudgement of battle not to be ever true, but ra:
ther false, also ye iudgement of the emperor is that though a
soldier yeldeth yet shall he not be as a traitor, or yf ye
combat be for an other treason and vanquished shall like:
wise be a traitor, and in other cases not, vnles it be so
agreed and indented before ye combat begon, As they
wch fought in Padoa who made suche agremente.
[039v] When a proclamation is made by ye
Iudge that yf anie of the fighters
sholde passe the Limitts yt he sholde
be reputed for Vanquished.
Ca. 16.
When as by order of the Iudge it is prohi:
bited that neither of them that fighte sholde passe owte
of the lystes marked wth the plowe or otherwise ly:
mited wth woode, wthout wch saide liste who so passeth,
not only wth his whole bodie but allso wth anye parte
or member, sholde either loose the same or els be iudged
to lose the daye. It happeneth that in fight thoroughe
the violence of the blowes beinge nere the saide marke
that they fall both at once vppon the same, the one ha:
vinge his head wthout, the other wth all his bodie except
the heade. In this case it is to be doubted whether of
them sholde be iudged to lose, because to manie it semeth
that he whose heade fell owte beinge the principall
member of man And others others doe rather thinke that
he whose bodie wholie was wthout the liste ought to
be iudged to loose the daye. ffor that the greatest parte
of his bodie did offende, and some replie therto sayenge
that the heade imparteth asmuch as the whole bodie
But by the iudgement of the lawe, he whose whole
bodie fell wthout the lyste ought to loose, by reason yt
the greatest part of his members were so founde and
the heade is of no valewe wthout the other partes
yet nevertheles it was ordeyned in this case after like
order taken, that wheras two beinge in fighte, and the
one taken and the other sore hurte, and therwthall com:
minge set his hande vppon thennemies necke to put him
owte of the lyste fell downe, so as in striking he fell
owt of the lysts, but he that was taken beinge founde still
wthin the liste was iudged to winne, because the violence of
him that was taken causes his taker to fall owte of the
lists, and so to become to lose the feilde wch iudgement is
[040r] condemned as wicked & vniuste, for beinge come owt by misfor:
tune and not by the encounter of his ennemie nor his virtue,
or his owne disobedience havinge alredie gotten victorie
ought not to be condemned as victored, for that thextremy:
tie of wordes maye not be taken vnles by violence of the
ennemie he had happened to passe the appointed scope
Therfore in this case he ought not to be adiudged to lose
for asmuch as it was mischaunce and not the courage or force
of thennemie, who was before hurte and taken, and in
thrustinge him wth his sworde, thoroughe his owne
force and virtue in endinge the combatt the more to
his honnor Notwthstandinge the fall assuredlie he ought to
haue had the victorie.
When the penaltie is that who so passeth
the limitts shall not onlye be Vanquish:
ed but also lose his head, yf one against
his will doe passe whether he shalbe
punished. Ca. 17.
It hath bene discoursed that two gentlemen
at defiannce entred into the lysts for triall of battell
for lyfe and deathe to whom before their entrie in it
was prohibited by the Iudge that yf anye of them
sholde transgresse the appointed marke (besides that he
sholde be reputed as victored) sholde also loose his heade
It hapened that the one thorough violence doe drive the
other owte still kepinge him selfe wthin cravinge Iudgemt
of the Iudge in his favoure. The other driven owt denieth
the victorie, and therwthall beginneth to assaile his enne:
mye, who vnwares therof, thinkinge that thorough his
virtue he was forced to leave the lists, receaveth so sodein
a blowe as he falleth to the grounde, and beinge downe the
ennemie presenteth his knife to his throte, forcing him to
confesse to be his prisoner In this case it seemed dowtfull
[040v] to the Iudge whether he ought to be victorious or not? and somme
saide no for that he was once driven out of the lyste, and therby
losing the feilde he remayned as victored, so as after he might not
wth reason offende nor assaile his ennemie who in deede had
alredie gained the feilde. And therfore for the chardge geven
by him that had thus loste the feilde he ought to be punished as
a traytor On the contrarye parte it is answered, that in
respecte the battle was not then ended, beinge as it weare for
life and deathe, wherin beinge overthrowne, and the other not
the one flienge, the other pursuinge in case that the flier doe reco:
ver, notwthstandinge his former yeldinge, yet appearinge no
manifest signe of losse, yt shall suffize yt at length he van:
quished his ennemye. And this example was alleadged of a
Capteine who losinge manye soldiers, yet in thende wth his
virtue beinge victorious was iudged to the honnore of victorie
Therfore thende ought ever to be respected, for he is victorious
that at thende obteyneth victorie, and this is the sentence of
this chaunce, wherto Vigetio de re militari accordeth sayeng
that wheras one parte of an armie is overthrowen, yet the
reste thorough the virtue of the capteine maye come to vic:
torie, ffor Romulus seminge to flie wth his hoste, became to
winne the daye of his ennemie, and Hannibal in retiringe
overthrewe the Romaines. Semiramis qwene of Babilonia
makinge wise to flie kinge Cyrus of Persia moste coura:
giouslie in thende did winne the daye. And likewise other
capteins beinge discomforted, and turninge their faces have not
wthstandinge in thende obteyned victorie. Therfore retorning
to or purpose I saye yt he yt was thrust out of the lysts so:
deinlie recoveringe him selfe, cannot for yt cause only be repu:
ted as victored, because his speedie retorne might excuse him
and iudgement attend to thende of the combatt. Then ought
he desruedlie to be victorious to whome no offence of trea:
son can be imputed having offended & hurte his ennemie
ffor the combat was never fullie ended, and so accordinge
to righte may be iudged victorious.
[041r] When ye defendor chuseth a suspected
Iudge what is to be saide. Ca. 18.
Another question followth that yf A
gentleman be puoked to combat by his ennemie who by his
lre aduertizeth the challinger of the election of the weapon
and Iudge, wch Iudge was a kinge not yet crowned who had
graunted him place, & appointed the daye wthin his cyttie
where wch assurannce he permitted combatt to all men
heereto the challenger answered that forasmuch as ye defender
had chosen the saide kinge for Iudge & that the quarrell
towched no lesse the honnor of his crowne then the goode
fame of the defender he was not indifferente, and there:
fore required to have somme other more sufficiente or other:
wise he wolde to ye same to him selfe, but the defender choseth
none other Iudge, and at the daye appointed commeth armed
to appeare in thabsence of the challinger when he chardgeth
wth contumacie, and praieth the Iudge by him self chosen
to geve sentence to the reproche of the Challinger, who ha:
vinge lykewyse chosen an other Iudge, praieth the lyke of the
defender, for not appearinge to combatt, alleaginge the cause
to be ended. In this case ariseth a question, that hanginge ye
suspicion of ye proper Iudge alleadged by the challinger
whether ye defender might iustlie accuse him of contumary
yea or not. ffor ye doctors affirme, that the Iudge beinge
reputed as suspected, the cause ought not to proceede. ffor
yf further dealings were frustrate, yea althoughe the
suspicion alleadged were vniuste or iusge, because the effect
of the challingers requeste was to have an indifferente
Iudge chosen, and in chosinge one yt is suspecte he hath not
performed his parte, but in place of a Iudge indifferente
hath elected one suspected. On the contrarie side it is
answered that the defender havinge fre election and will
accordinge to the vse of armes might easelie alleage many
reasons on his parte, because a kinge maye be Iudge in his
owne cause for that he liueth in order of Religion, Also
a kinge ought not to be suspected for it is to be presumed
that for iustice sake he will not wrongefullie Iudge though
he
[041v] Replieth to the Contrarye, sayenge there is no man Iuste, because
manye things be lawfull wch are not honneste, and in enterprises of
armes it is vnlawfull to transgresse the Commission geven
The opinion of the doctors in lawe is that he ought not to
be elected a Iudge who is suspected to favour the one side more
then the other, or els for freindshipp will anye whitt encline to
the one more then to the other. ffor in Combat for life & deathe
it is lawfull by all meanes of pollecie or deceipte to overcome
thennemie, for victorie consisteth in wisedome & pollecie, though
the sworde be vsed wth force ioyned wth Iustice, for the libell of
the warrs is the sworde, and the Emperiall lawe vnderstandeth
not the wayse of armes because they are [deuine?], and for him yt
hath right it is lawfull to choose place for battle, as in thexam:
ple of Scipio it is seene who for his advanntage did chuse to
fight in Africa, for that he thought it not beste to deale wth
Hanibal in Italie. The lyke did the kinge of Siracusa in
Carthage. Also Metellus in Spaine vsed manie pollecies
to obteine victorie, sometimes appointinge to fighte vppon the
mountaines, and otherwhiles vppon the plaine groundes. As
Valerius maximus reporteth. Vigetius de re militari saithe
that battle is of suche condicion, that a thinge wch advantageth
the one dooth hinder the other, neither sholde anye man fighte
at the devotion of his ennemie, but rather every man to seke
his beste advauntage, as much as he maye to the annoye of
his ennemie. ffor Frontino saith that Alexander allwaies
chose that place for battle where he thought it moste likelye
to oppresse his ennemie. we reade also of Caesar howe he every
sought for place to fighte where he might take the aduantage
so dooth also Frontino reporte that Paulus Aemilius a Romain
capteine leadinge his armie against the Tarentines assay:
led them wth scorpions. Nicostrato duke of the Etholins
by lyke pollecie procured the savetie of his soldiers againste
the Epirotti. Phillip of Macedon in Greece did lykewise
obteine victorie by kepinge the ambassadors of his Ennemies
ffinallie we reade of diuers other Romaine capteines who
thoroughe fravde and deceipte have overcome their ennemies
Frontino also writeth of manie subtleties thorough wch many
battells have bene gained Nevertheles on the contrarie pte
is there contrarye reason, howe that a souldier trusteth
muche to the assurannce of Princes, as we reade in Liuius
his seventh boke Vrbe condita howe a french man came
to fighte wth theemperor vppon a plaine nere vnto booth their
[042r] Armies wch was wthout suspicion of place Titus Manlius fought wth a Latine, ennemye to the Romaines nere vnto the Campe of his ennemie, wch fight they performed wth dartes. The lyke thinge writeth Liuio in his seconde booke de bello punico of a gentleman of Campagna who fought wth a gentleman Romaine nere vnto his ennemies armie wthout any suspicion. It is also written of Titus quintus whoe safelye neere to thennemies armie wthout suspicion of place did fight wth Badio, and therfore towchinge Iudges havinge the assurannce of the Prince in lyke case was not muche to be accompted vppon. Thease & manie more lyke reasons on either parte might be alleadged. But I remitt me to ye order of great Princes & others more experte in the discipline of armes. ~ . ~ . ~ . ~ . ~ . ~ .
If the defender cannot finde a compotent Iudge & place, whether he ought to goe Vnto some solitarie place wth th Challinger or not. ~ . ~ . ~ . ~ .
Ca. 19.
When a man is challenged and required to appointe a convenient place and Iudge for combatt vppon lyfe & death and can in no wise doe the same. The question is whether he be bounde to meete his ennemies in a solitarie place as a feilde or woode, so as they maye not easelie be parted or seene wherin somme are of opinion that they ought to goe because necessitie maketh manie things lawfll wch otherwse were vnlawfull And for that the sworde is Iudge & manifest witnesse, that he that escapeth wthout hurte sholde be victorious. So is it also plaine that he that is slaine or grevouslie hurte is vndoubtedlie victored, and in this sorte wthout a Iudge maye sentence of victorie be reported, because the woundes doe witnesse in place of the Iudge. On the contrarye parte it is answered for demonstration of truth that so doinge sholde be contrarie to order of armes and auntient custome of Chevalrie, wch commanndeth that all combatts sholde be in presence of somme Prince and manye gent
[042v] by whose opinion the matter must be decyzed, and not otherwyse But doinge the contrarie it shall seme a thinge moste vndecente and far from all discipline of armes, as a custome belonging to butchers and men of base condicion, who ought wth open iustice to be punished. And for that a thinge discommendable ought not be vsed emonge gentlemen nor others of honnorable profession, therfore it is saide that ye defender is not bounde to goe vnto solitarie places, for the reason before written of diuers Romaines who performed their combat in places common to the whole armie, and sought not for places aparte where was no Iudgemente of gentlemen & soldiers to be had. And therfore it was concluded that combat ought not to be in places wch are vnworthie for gentlemen to fight in.
Finis Secundi Libri.
[043r] The thirde booke
entreatinge of the mannor of
waginge Battle.
Of the daye appointed to fighte
Ca. 1.
fforasmuche as in the firste booke it is resolued
that when ye defender is requiredby lres from his ennemye to
chose weapon place and Iudge indifferente, he ought also to appoint
the time and daye for combatt, because it is to be noted, that
havinge chosen the Iudge and the weapon, it were vnmeete to
flee the fighte, yf the defender sholde defer to appointe ye daye
for so longe time as twentye yeares, because it is disshonnorable
thorough protracte of time to eschue the combatt. Therfore
to prevent such cavillations by custome & order of armes
it is agreed that combat shalbe performed wthin vj monethes
And yf the defender wthin that space cannot procure a suffi:
cient Iudge and other things requisite, that then it shalbe law:
full for the challinger wthin lyke terme to doe it. And in case
that he cannot procure a Iudge indifferent, then shall the de:
fender lawfullie be at libertie, nor maye afterwardes be
challenged for battle, because that such a combatt were odious
and ought rather to be aduoyded then permitted, as the lawe of
Lombardie saith. Therfore thappointed terme beinge ex:
pired yf it happen that longe after the challinger doe finde
owte a Iudge of newe, and desireth yet to performe the com:
batt, and so againe pvoketh the defender, yet shall he not
be bounde to answere him because of thappointed time paste
vnles the defender requireth the coste he made wthin the
terme, for chosinge a Iudge, & ordeyninge things meete for
battle, for then it shalbe at his choise to fight or not. And
it is to be vnderstoode that the appointement of sixe monethes
was made to prevent inconveniences of deferring the daye
[043v] of combatt, for the Iudge beinge founde, there remayneth only the
place and daye to be agreed vppon, as to appointe somme market
place in somme Cittie where the defender wthin his terme
might exercyse and prepare him selfe afterwch time he maye
not be excused.
Of the daye of Combat graunted betwixt
the kinge Carlo, & the knige Piero of
Arragon. Ca. 2.
Because it is a thinge not disagreinge
to our matter touchinge thappointment of the
daye. I will make mention at lardge of twoe ex:
ellent Princes, kinge Charles and kinge Piero of Arragon
And firste we saye that they contendinge for ye Isle of Sicilia
before ye Pope and his colledge of Cardinalls, yt was agreed
they sholde fighte in a certeine Ilande called Bordella subiect
to the kinge of Englande, where they promysed vppon the
losse of the kingdome and condemnacion of a traitor, to ap:
peare wth a hundred knights apeece, wheruppon kinge
Charles at ye daye appointed wth his nomber of men appe:
red Neere vnto the place. It happened the french kinge wth
his armie to be, as Jan Villano in his historye declareth
and because kinge Piero appeared not, the kinge Carlo made
him to be banished. Yet the historie reporteth that kinge
Piero in the eveninge late appeared, and before the officers
of the kinge of Englande protested to tarrie so longe in doubt
of the frenche kinge there at hande and suspected, who beinge
removed, desired to fighte, wheruppon some affirme that
in arivinge late he accused the disobedience of kinge Carlo, but
the historie saith that he arived verie late, and wente awaye in the
nighte, not abidinge the daye followinge. And therfore the
question is whether kinge Piero cominge to ye feilde in the
eveninge late or kinge Carlo in not tarienge owt the whole
daye ought to be reputed moste disobediente. In this case are
manye arguments obiected againste kinge Piero, because
personall battell is (as Baldo saithe) a fight of one whole
[044r] daye, and he that challengeth hath time for one whole daye
to prove his desire vppon thennemie, and likewise the other to
defende. Therfore they ought to begin in the morninge to thende
they may have time sufficiente to trie thende. Also the
morninge is time moste meete, for yt a man is then moste dys:
pozed stronge and sober, and thus the contrarie parte cannot
alleadge that thennemie arived late to defravde parte of the
time of the whole daye neither is it lawfull by fraude of refu:
ges to plonge the thinge wch is triable by mans owne virtue, for
who so is bounde to winne or lose in one daye ought not to deceive
his aduersarie of one momente, and the slouth of the one sholde
offende the other. Of custome the combat betwene man &
man sholde begin the firste howre of the daye, and not the
laste when the matter sholde be determined. And because the
firste howre of the daye is accompted when ye sonne appeareth
above the earth, and not when ye night hideth his beames, wch
betokenethe the daies ende. A thinge wch craveth a whole
daies space to be performed in, as the personall combat doothe
hardlie suffize, for it is seene sometimes in a whole daies fighte
neither partie is vanquished. And therfore it is thought that
kinge Piero arivinge in the eveninge cannot be saide to appere
in time. Also it is saide that where no certeine howre is mency:
oned, a man ought in the accustomed howre to appeare, and
for triall of truth muste appeare in due time, so as there maye
be space inoughe to consider of the matter, and not to delaye the
enterprise, for otherwise all Iudgements, aswell in armes as
iuditiall sholde be in the powre of the aduersarie to deferre
the time of appearannce till that time were insufficiente
ffurther the disobedience of kinge Piero appeareth in cominge
wthout his hundred knights alone vnknowen & vnarmed. On
the contrarie it is to be answered againste king Charles, yt
he ought to be reputed the disobediente for not abidinge owte
till thende. Also it is lawfull to appeare at anye time du:
ringe the Iudge be in the feilde, all wch time Charles taried
not, and kinge Piero in doubt of the frenche kinge could not
soner appeare, and therfore his excuse was moste iuste.
ffurther who so is commannded to any thinge vppon a certeine
daye, hath the whole daye to performe the same, and he yt
is called vppon any cause maye not departe till the matter
be fullie examined, for beinge sommoned by the Iudge a man
maye not departe wthout his licence, and the combat maye
perchaunce at one blowe wth the swerde be ended. yea in
one howre a thowsand woundes maye be geven & receaved
[044v] The combat betwext the two gentlemen commonly taketh ende
in short space. And kinge Piero therfore appearinge in
such time as he might have foughte, and therfore directlie he
fled not the fighte, and it is written of certeine Romaines
that thorough fraude & deceipte vanquished their ennemies
as in the seconde booke alredie we declared. wherfore to dys:
cuss this doubtfull question betwext two kings let vs remem:
ber that worthie aucthor wch saith yt no man can Iudge ye
doings of kings but God only. And for yt, none ought to
condemne the Royall order, and yf my simple iudgement
suffizeth not to conclude of two kinges, to thende neither of
them may have cause to saye of me, that wch kinge Corradi:
no saide to a Iudge, wch condemned him to die at ye Cittie of
Naples by the decree of kinge Carlo, speaking thease
wordes Serue negua Serue negua, condemnas ti filiu
Principis, nescis quia par in pare non habet imperiu, wch
wordes import this. wicked sruannt condemnest thowe
the sonneof a Prince, knowest thowe not that one equall
hath no powre of an other. But because Princes be my:
nisters of lawe, and will willinglie humble them selues to iustice
accordinge to lawe, herein I saye yt ys he yt appeared firste, &
attended the accustomed howre to departe and then departed
wth licence of the Iudge, or yf the Iudge be rysen before the
ennemie commeth his life is determined, the iudgemt of disobe:
dience shalbe pronounced against him that is alsent in the
favour of him that is present, for he is disobedient yt differreth
his cominge to the laste howre vnles he alleadge som iuste
excuse of lett, & that beinge proued, the combat shalbe defer:
red till an other daye. But yf of purpose he fled the
fighte havinge none impediment or els vppon frawde he
shall not afterwardes be herde. And this was reputed a
greate wisedome & iudgemente in kinge Piero who beinge
interrupted of kinge Charles in the Isle of Sicilia not
knowinge howe otherwise to remove him from his enterprise
was contented to answere him in personall combat, wth an
hundred knights, by wch meanes he removed him from his
entente, for kinge Carlo had conceyved great hope to winne
the daye, and so to gaine the Crowne of Sicilia wthout
further lett. And kinge Piero havinge thus removed
kinge Carolo owte of Italie thought lykewise to defraude
him of his enterprise wth this deceipte vsinge subtelties
[045r] as the Romaine capteins vsed wth their ennemies as before
in the seconde book is declared. Therfore the Pope perceiving
that kinge Piero appeared not wth his hundred knights at
the daye appointed vsinge therin crafte & deceipt, did him
excommunicate, declaringe him periured and a Traitor, &
also depriued him his kingdome of Arragon as in the histo:
rye of Jan Villano and other historiographers is decla:
red wherto I referre my discourse.
When at the daye appointed for fight
an Imprediment doe happen to one of
the fighters: Whether he shalbe excused
or receaue sentence to his disaduantage
Ca. 3.
Howe it is to be considered when a daye for combat
vppon lyfe & death is appointed betwext two gentlemen, yf the
knowledge to the Iudge of his not cominge, in this case it is doubted
whether he ought to be harde or not, because men saye the Iudge
ought to vndrstande whether the excuse be iuste or not, and beinge
trewe ought to admitt the saide excuse. But beinge vniuste he
shall in no wise here it. If the lett proceedeth of sicknes, tempest
in passinge of the seas, or els yf the Prince making warrs
vppon somme other Prince, & beinge in his Sruice, or yf duringe
the time of warre againste his contrie he maye not wth honnor
depart, beinge bounde to fighte for ye same or vppon any suche
lyke impedyments, then maye the combat be deferred. But
thease impedyments remoued he ought presentlie to goe, to the ende
they seme not fayned or craftleye deuised. Also the excuse maye
not seme invented neere the daye of appearannce, for yf the
excuse proceedeth of willinge defaulte, he shall not in anye
wise be by the Iudge admitted but rather by him declared as
disobediente, And yf the Challinger doe fall into thease
[045v] offences the defender shalbe absolued of the quarrell wth
the great infamie of the Challinger, who shalbe repulsed after
from all personall combatts. Or yf the defender committe the
disobedience he ought to be condemned vppon the offence whereup:
pon they determined to fight to his infamie and reproche. There:
fore noble gentlemen in lyke case where infirmitie or sicknes is al:
leaged were wonte to protest whether such infirmitie proceedeth
of feare to fighte, wherin yf he knewe him self not to have
righte, that then in despaire or doubt to be hurte he becommeth
sicke before tyme of combatt as is before in one other Chapter
declared, where a man died vppon the daye appointed for battle.
When th combatt cannot be finished
in one daye, Whether a seconde daye
maye be geuen or no. Ca. 4.
Lett vs nowe consider that yf a daye of
combatt be graunted betwene two gentlemen
and the combatt not beinge in that one daye
fullie ended whether they maye retorne againe to fighte &
see ende of the quarrell. The lawe of Lombardie saithe
that thenterprise shall remaine and be performed in one other
daye. Baldo writeth that yf a man defieth his ennemye
purposinge to trie the offence wth his sworde vppon such a
daye In case he proued it not in the same daye, he cannot
afterwardes doe it by combatt because there is not newe
delaye therin, And the contrarie herein is thus defined
when as the combatt thorough lawfull impedimente is not
ended then ought one other daye be graunted. But when
[046r] as no impedymente is and the defender valiauntlie appeareth and de:
fendeth him self vnvanquished by his ennemie all the daye longe
then shall not any further daye be graunted because the defender
is at libertie. Lykewise when the parties by the Iudgs commande:
ment be parted and not suffred then to ende ye battle, they shall
never after retorne to fighte vnles it was agreed before theye
sholde fight till the one or the other were overcome deade or
yelded, as before is more at lardge declared, where in the
second boke we made mencion of place.
If after th defiaunce & daye geuen
one of the fighters doe challenge an
other man Whether he so challinged
maye lawfullie saye, performe thy firste
combat & then I will answere th.
Ca. 5.
If two gentlemen haue determined a daye for combatt
and after one of them challenge an other man before ye firste chal:
lenge be performed, whether this man beinge laste provoked maye re:
fuze to fight or not, seinge ye provoker hath before bounde him selfe
to an other man. And therfore saith goe first and performe thy
first quarrell, and then thow shall be answered. Wherto the
challinger Replieth him selfe sufficient to doe boothe. The
question is, whether the answere of him that is laste provoked
be good or not, for yf it semeth meete yt the Challinger sholde per:
forme his firste duetie for manie good reasons. ffirste because
the Challinger is bounde to his firste ennemie, and beinge over:
come by the seconde dooth become as it were prisoner vnto twoe
and therfore he shalbe forced to followe order, and he that was
laste provoked maye repute him selfe as free & at libertie, &
refuze to fighte or be fought wthall by an ennemie, who is before
bounde to an other. ffurther whosoever becommeth bounde, ys
of such Condicion as he cannot after freelie dispose of his owne per:
son by reason the same is alredie bounden and as it were sruante to
[046v] his ennemye. So as Aristotle saithe the debitor wissheth ever
his creditor owt of the worlde, also Andrea de Iserina affirmeth
that a personall bonde is a kinde of sruitude, wherfore where a man
hath once entred in bonde to answere his ennemie in personall combatt
wherin he maye perhapps incurre the perills of deathe, captivy:
tie or imprisonmente beinge by his ennemie oppressed, for this reason
they are of vnequall condicion. And seinge combat requireth equali:
tie (as I saide before) yt might happen yt the Challinger beinge only
bounde to the firste may vanquish the seconde defender, and after
be vanquished by the firste, so as the laste defender dooth become pry:
soner to a man vile & infamous. Therfore to aduoide so great an
inconvenience, the first combat shalbe firste performed, the event
wherof shall declare whether the seconde defender ought to fight
or not, for beinge vanquished at the furste, he may be lawfully
refuzed by the seconde. And this is the right resolution of this
doubte. Also who so hath waged battle ought not to enter into a:
nye Iuste, turnament or any other exercyse of armes, wherin
maye happen anye preiudyce to his person, for beinge thorough
anye impedyment hindred at the daye of battle for any cause hap:
peninge thorough his owne defaulte, by doinge that wherto no ne:
cessitie die force him, maye at the daye appointed be iustlie accu:
sed of contumacie, neither shall he be admitted to excuse him
self for this impedymente, but the honnor shalbe wthout respecte
geven to his ennemie, who manfullie at the daye appointed appea:
red in armes readie & preste as to his duetie apperteyned
Therfore euerye man determined to enter into combat ought
to aduoyde all other enterprises and exercyses wherby anye
mishap or disgrace might happen that shall hinder thappoint:
mente because (besides that he shall therby loose the daye) It
may also be coniectured that for cowardice he hath pruposelie
entred into such exercises, to excuse him selfe in not appearing
to fight to his great dishonnor and iuste shame.
[047r] Where twoe knightes at defaiunce ap:
pointe a daye to fighte before Wch daye
one of them dooth happen to fighte wth
an other man, & is vanquished, whe:
ther therfore he maie at the appointed
daie be repulsed. Ca. 6.
If two gentlemen have waged battle to fighte vppon
lyffe & death at a certeine daye appointed and prefixed bet:
wext them, and before the time came, the challinger in one
other combatt becommeth vanquished, and yelded to one other,
wherby he iustlie desrueth of all gentlemen to be reproved
as infamous and periured wherby ariseth fame of reproch, and
vnworthines to disable him to answere anye other gentleman
in fighte. In this case whether notwthstandinge his ennemie
maye refuze him in combatt or not. wherto is answered, that
havinge in this sorte channged his good condicion into evell, he
maye be refuzed to fighte by reason he is presentlie in infamous
estate, wherfore duringe this infamie yf any other man sholde
challenge him he ought not for cause of the former reproche
committed. ffor albeit he be agreed to fighte vppon such a daye
yet are they not so bounde to doe yf the challinger in the meane
time becommeth infamous or periured. Therfore finallie I
conclude that vppon the daye appointed a man maye refuze
to answere an other in combatt, when as after acceptinge token
of combatt the challenger be dysshonnored, and become infamous.
And like reason hath the saide Challinger when as ye defen:
der after promyse made turneth his doinge to dishonnor and
shame. ffor wch he is not bounde to fighte but it is at his
choyse because of ye late reproche and infamie.
Finis Tercij Libri.
[047v]
[048r]
The Ffowerthe Booke wherin is declared the Election of the weapon and Armes. Capitolo PrimeroIn the ffirste chapter of this ffowrth booke is mencioned what weapons are allowed in combatt wch are accordinge to the agrement betwext the parties as lannces swordes daggers maces of Iron or such like It is lawfull for them to weare besides thease somme others of small importannce, as knives and daggers wherof sometimes they maye receave somme commoditie, though in the agrement no mencion be made of them at all. Lykewise in fight on foote a man maye weare a longe or shorte weapon at his plessr, as Tucke or shorte swordes, and such like instrumente of warre. Some are of a opinion to have all weapons measured, somme others make therof none accompte, but when combat is vppon lyfe and death a man maye vse whatsoever weapon him liste, albeit it be not specified wthin the agremente. And in case the defender hath not chosen the weapons, then shall it be free for either of them to make their owne choise. Federick [sic] the Emperor in his constitucion of the kingdome of Sicilia saith that the weapons wolde be eequall, wheruppon it semeth the custome is, that every man may choose his own weapon, so as the same doe not repugne to the agremente.
It is reported, that a contrie man of ours beinge lightlie armed, caused a number of rounde stones to be brought into the lyste wherwth he assailed his enemie, and in that sorte at laste did vanquish him as kinge David did Golias the Giannte who was slaine wth stones, we reade of one other gentleman, who brought certeine pricke of yron into the liste wch he bestowed in divers places of the grounde wherwth in thende he overcame his enemie. Therefore it is to be considered, that thennemye sholde be assayled by all pollecie & endevor for the savetie of lyffe, wch every creature naturallie desireth but when a man fighteth for love or to showe his virtue[048v]
Then shall he proceede accordinge to order before agreed vppon w[i]thout further advanntage, for the proverb saith Per amore si fanno gran tratti, guardati de l’auantagio che danno non habbi. ~ Of Armes accordinge to the Lawe of Lombardie. ~ . ~ . Ca[pitolo] 2.Lett vs nowe consider accordinge to the Lawe of the emperors of Lombardie, the first inventors of Combatte in Italie whether a man maye fighte w[i]th sheildes and staves, the battle not beinge for infidelitie, for then a man ought to use the weapon of a Soldier. And when as the combat is tried w[i]th staves, the same ought to be equall and yf perchannce they breake in fighte, then ought others to be provided But yf in fight w[i]th weapons martiall they happen to break then shall none other be provided, because the breakinge is imputed to his evill fortune, or yf happelie one of the fighters doe fall, he ought not be helped up, accordinge to the custome used beyonde the mountaines. The Italians beinge in fighte for life and deathe, and happeninge to lose his weapon by breakinge or otherwist, maye not be permitted to take an other weapon in hande, because the hap hereof semeth to proceede of the devine Judgemente therby to ende the combat (unles by former agremente) it be ordered to the contrarie. As yf they agreed to breake a certeine nomber of lannces, or to runne a certeine nomber of courses, or yf the fight be w[i]th swordes, and the parties agreed to fight w[i]th two thre or fowre accordinge to the Agremente. ~ . ~ . ~ . ~ . ~ . ~ . ~ .
[049r]
When the fighters doe Appointe to fighte with swordes disarmed. ~ . ~ . ~ . Capitolo 3.It semethe not impertinent to make mention that whereas two gentlemen havinge obteyned place for combatt of somme prince doe determine to fighte clerelye disarmed with swordes onlye and therewith to showe the nobylitie of their mindes in the defence of reason and lives. And beinge thus prepared like dragons appearinge at day appointed the prince forbiddeth them to fighte, supposinge this manner of doinge more meete for butchers and suche lyke, men of base condition then for noble and couragious gentlemen. The opinion of the prince was greatlie commended in not sufferinge them to proceede in fight accordinge to their determination unles theye doe appear in somme parte armed and furnished with weapon meete for the exercise of a soldier, for it is not the parte of a gentleman to be unfurnished all kinde of armes meete for the exercyse of the warre, which all good soldiers were wonte ever to have readie of purpose to practize in feilde their valiannt bodies in feates of armes and therby to declare their force and defend their righte. In the law of Lombardie it is declared that gentry ought not to enter into combatt with staves nor stones, riservato quando fussino gli testimonij contrarij. For then they ought to fight with staves and sheildes in the triall of truthe.
There happened to come into Italie two gentlemen stranngers of purpose to fight with swordes and daggers disarmed who havinge obteyned libertie of feilde elected their judge to whome repaired diuers other gentry prayenge him nott to permitt so great a crueltie that the one sholde in this sorte sleae the other. At the firste the prince revoked the feilde and caused concored betwext the gent to be made by the Judge with certein wordes of excuse on the parte of the defender, which done they retorned into their contrie, where beinge arrived, they fall againe into a newe quarrel, wheter the excuse made before were a yeldinge or unsayeinge or not. Heereuppon ensueth a newe question,[049v]
if the saide wordes were a deniall or not? Wheruppon a combat maye be granted. But in the case of deniall we shall in the ende of this worke discourse at large, what and howe the defenders deniall shal be understoode, and in what sort the challenger shall enter into like personall battle. ~. ~. ~. ~. ~. ~. ~ . Finis Libri Quarti.[050r] The ffiuethe
Booke.
Wherin is discoursed What Champions
maye be geuen in Particular combatt
Cap. Primus:
In the ffirste Chapiter of this
ffiueth Booke it is declared in generall that
who so will fight vppon wager of battell, or els
vppon anye suche lyke occasion of man to man, yt
then everie of them ought to defende their lives
wth the sworde accordinge to the discipline of
Salustio who in an exortacion made on the be:
halfe of Catelina a valiaunt Romaine said on this wise
Brethren the sworde is our onlye meanes to make vs waye, wch
sayeinge importeth as muche, as be yowe valiaunt and of goode
courage. And therfore all challengers, and also all defenders
oughte to fight in Person, exceptinge when the inequalitie of
estate doe not permitt, as when the challinger is of lesse condy:
cion then he that is challinged, for in that case the defender maye
appointe his champion of equall estate to the Challinger, who
maye lawfullie fighte in his place. And this is the decrees of
the lawe of Lombardie, the lawes Civile & the consti:
tucion of Frederigo the Emperor in the kingedome of Sicilia
Therfore we see it becommeth not the Inferior to provoke
one of better condicion then him selfe, (Reseruinge when the
vassall challengeth to fighte wth his lorde in case of infidely:
tie)
[050v] As yff the vassall doe chardge his lorde to have com:
mitted lyke offence contrarye to his honnor & reputacion.
In that case the lorde shall not be admitted to his Champion, but
shall personallie fight wth his vassall as hereafter shalbe more
at length declared. And it is to be noted that in case of treason
or murder no Champion shalbe admitted, but shalbe performed
in person.ffor in seaven only cases are challengers receaved as
shalbe more at length declared.
Of Suche champions as be vanquished
or that doe fighte fraudulentlie.
Ca. 2.
Whensoever anye Earle Duke Prince or other
great lorde doe happen to appointe their Champion to
fighte for him, & be vanquished, yt shalbe saide and reputed that
the lorde for whome he did fighte was overcome & vanquished.
vnles it be proved yt the saide Champion hathe fraudulently suff:
red him selfe to be vanquished, and willinglie looseth the honnor
of his lorde, and beinge to pved not to have done his duetie, he
shalbe punished. But yf the Champion dooth iustefie or
confesse the faulte, in that case Federigo the Emperor
made a Constitucion, that he shalbe reputed as vanqui:
shed, and so to confesse his lorde that did appointe him.
By the lawe of Lombardie no champion is admit:
ted but in case of impedimente, or for Priviledge of dig:
nitie, or yt the Challenger be of lesse honnor then the defender
And therfore it was concluded that the Champion ought
to be his equall to whome he is offred to fight, for other:
wise he maye be by iustice refuzed as shalbe said
hereafter.
[051r] Of Certeine cases Wherin it is lawfull
to appointe a Champion
Ca. 3.
All Combatte attempted for wager of battle ought
to be perfourmed by the Principall parties, reser:
vinge certeine cases, wherin it is permitted to give a Cham:
pion. The firste is when the Challinger or defender, is not
come to the age of eightene yeares, and accordinge to the
lawe of Lombardie they ought not to be of lesse age
then fiue and thirtie. The seconde when anye of them hap:
pen to be greatlie aged or diseased. The thirde when the
seruennte pretendeth libertie against his Mr, in sayenge yt he
is free & offreth to fighte thereuppon, in that case the Mr
maye geve him an equall Champion. The fowrth when
either the Challinger or defender is a person ecclesiasticall
or a widowe, or when an earle is pvoked by one of lesse calling
The fifte when a woman is accused of adulterie, & desireth
to defende her honnor by armes, that wrongfullie she is ac:
cused, in that case it is lawfull for her to appointe her husband
or other freinde for Champion. And accordinge to the constitu:
cion every man possessed of anye impedymente corporall
maye fight by Champion. Also all men of honnor or estate
beinge provoked by a villaine, maye (as before I saide) by
the constitucion appointe a Champion, wherto agreeth the
lawe of Lombardie, wch declareth that a seruannte
accused of thefte, maye appointe his Mr for champion
wherfore the custome of the Cittie or Contrie must be ob:
serued, where thease cases doe happen to chaunce, and
according to the discretion of the Iudge to give or not give
a Champion. By the auntient decretalls it is forbidden
the Clarke ecclesiasticall sholde fighte by personall cham:
pion, though auntient custome did permitt the same, but
nowe disannulled by Decretalls.
[051v] Howe the Champions oughte to
be equall.
Ca. 4.
It is to be Considered that when Personall combat sholde
be performed by Champions, the Iudge oughte to chose them
of equall force, ffor yf one sholde choose a man of so greate
force as the like maye not againe be founde in that Contrie, yt
semeth not indyfferente, Therfore the saide Champions, ought to
be appointed of equall qualitie, accordinge to the constitucion
aforesaide, and lawe of Lombardie. And seinge herein
custome avayleth not yt ought fullie to be considered, that the
champions be equall, and of the age of xxv yeares at the
leaste.
Howe no Infamous person can
be admitted for a Champion
Ca. 5.
Also it is to be noted that Champions ought
not to be personns infamous or dishonnored because they are
in lyke estate to advocates who defende the cawses Civile.
ffor in case a man be tried a theef, he cannot be received for
a Champion, nor likewise anye other man of evell conversa:
tion. fforasmuch as it is not likely but they shall ever be
vanquished, aswell for their owne sinnes, as the imperfec:
tion of the Mr his quarrell, at whose request they fight
Also all such as have committed offence, wheruppone they
are bannished the presence of their Prince cannot be
admitted for Champions, neither yet anye yf for moneye
[052r] have committed murder thefte, open bawdrie, or such like detesta:
ble offences. Also all they that have abiured their Religion &
ecclesiastical vowe, And this is determined by the lawe of
Lombardie, the lawes civile & the opinion of Andrea
de Iserina, alwaies (except when thease infamous persons
doe fighte wth men of lyke condicion to them selues) for in yt
case no combat can be avoyded.
Howe ye Champions entringe into
th Listes ought to Sweare to
fighte according to Iustice wth
Respecte of their Reputacion &
duetie.
Ca. 6.
All gentlemen and lykewyse their Champions
ought to Remember yt at their entrie into the lyste
by the Patrons of their quarrell, they shalbe solemnly
sworne, that the cause wherfore they fighte is iuste &
Rightfull, and that neither of them doe accuse the other by
fraude, for malice, and that everie of them shall valiently
defende the honnor of their Mr. Theas Champions
shall also sweare, that no privie Intelligence or promise
hath passed betwext them for ye forbearinge or not hur:
tinge one the other, and yt wth all force & courage they
shall seeke to vanquish thennemie wthout favour or fraude
And this is decreed by Fredericke the Emperor and
affirmed by Mr Baldo of Perugia.
[052v] Howe yf a champion be once van:
quished he cannot after fighte
for anie man besides him selfe
Ca. 7.
The Empero Fredericke hath also declared
that wheras a Champion hathe once bene over:
come in combat yt shall not be after lawfull for
him to fighte vnles in his owne quarrell. ffor
Seneca saithe that the virtue of a man beinge once oppressed,
therin afterwardes is none assuraunce at all. And Frederick
the Emperor willeth that the Champion that fraudeulentlie be:
haveth him selfe in battle, and performeth not the same to the
vttermoste ought to be punished wth that paine wch the offence
wherwth he is chardged did desrue, or els shall lose his hande for
his punishmente.
Howe yt where a Yeoman is challinged
a Like Champion maye be appointed.
Ca. 8.
It is also decreed by the saide Lawe made of the Emperor
Frederigo that yf a gent be challenged to battle by a yeoman
that lawfullye he maye refuze to answere him. ffor who so will
call anye honnorable gent to combat ought to be of like condy:
cion to him that is called. And therfore in this case it is lawfull
to appointe a rusticall Champion. But when one gent shall
happen to challendge an other, then he ougth in person to an:
swere him. And in case anye gentleman havinge somme
impedymente doe challenge an other, yt shalbe lawfull for him
to appointe a Champion of lyke condicion to him that is challen:
ged, because Custome in such Combatts, requireth that the
personns be of equall estate, (resruinge in cases of infidelitie)
wherin a Vyllaine maye lawfullie call his Lorde to Combatt
[053r] in personne as shall hereafter be declared. Andrea de Iserina
and Mr Baldo affirme, that although a gentleman doe con:
tinuallie abide or dwell in the contrie, yet ought he not there:
fore to be accompted as a villaine, because the rudenes of the
place cannot remoue the honnor wch naturallie he possesseth
as in the next booke shall more plainlie appeare.
Howe it is not Lawfull to corrupt
A Champion.
Ca. 9.
In the constitution of Fredericke the Emperor
it is declared, that althoughe it be lawfull in battle
of lyfe & death wth all fraude to vanquish an ennemy
yet yf a Champion be corrupted, and so suffer him selfe to be
vanquished, yet shall not he againste whome he fought be accoun:
ted victorious, because the lawe Civile saith that victorie is
not to be gained by corrupcion. fforasmuch as Combatts were
invented for triall of truth by force of armes. And there:
fore to winne by corruption, is contrarie to the lawe, nowe other:
wise then where a man gaineth his presse by corrupting the
Iudge or the witness. ffor thoughe in fighte it be lawfull to
vse all fraude and aduanntage, yet is it not sufferable to cor:
rupte the Champion to thende he sholde not doe his endevour
in the Iudgemente of the battle, for victorie so gained sholde
be dishonnorable. The auntient emperors were wonte to
crowne those yt foughte valiauntlie, and denied them of glorie
wch by corruption happened to attaine to victorie. Thoughe
as before I saide in combatt of life and death it be lawfull
to vse all deceipte in weakininge the powre of thennemie
wth deceipte ought to be construed and taken for pollecie or
virtue in thexercise of armes. ffor wch reason who so be:
commeth victorious by force of his person shalbe more estee:
med then he yt wth mere crafte wthout courage or mag:
naminitie hath vanquished thennemie, though by such means
he hath before overcome full manie a noble knighte, besides
this he that corrupteth a Champion dooth not desrue the
[053v] honnor of the victorie for yt he is not victorious by armes and
sworde but only by corruption, wch of all noble knights is vtterly
condemned, because, as the same is a vile kinde of treason: so the
honnor of victorie is not to be borne but by those, that thoroughe
courage & virtue have deserued the same, wheruppon the
Philosopher saithe, that wheras happeneth corruption of
moneye, there can be nothinge praise worthie or virtuous in ye
iudgemente of armes, where corruption is benished, the sworde
& nobilitie of minde ought ever to be rewarded wth honnor.
And therfore no glorie shalbe awarded to him yt winneth by
corruptinge of his ennemie, ffor because corruption is an offence
that deserueth great punishemente, and rewarde or honnor is not
to be geven to him yt iustlie deserueth to be punished.
Whether A gentleman be bounde to
be his Princes Champion or no.
Ca. 10.
Sythe we haue determined to speake of champi:
ons at lardge, it is to be enquired yf a Lorde or prince
of a Cittie havinge waged battle wth a gentleman, and meaning
to appointe one other gentleman his vassall to fight for him as
his Champion, whether he maye Lawfullie doe it or not, or whe:
ther the saide gentleman beinge his Subiecte be bounde to fighte
for him, and that he is not bounde to doe it by aucthoritie, speculare
wch saith that yf a Prince doe call anye other to combatt,
man to man he cannot in that case commannde his subiecte to
fighte for him, because the Subiect is not bounde but in sixe
onlye cases to aide his Lorde, either for yt he holdeth by homage
wherby he is bounde to go to warrs wth his Lorde, in that case
his Lorde may Lawfullie constraine him to battle or warre yt
is Lawfull, but in this case it is otherwise, by reason this kinde
of battle is forbidden, and therfore ye vassall is not bounde in
vnlawfull battle to fight for his lorde, or hazarde his life
in his quarrell accordinge to the book of Pheudi. But yf
a lorde vppon iuste cause doe enter into Combat personall &
[054r] determined by commaundemente of somme superior Prince
he shall bringe wth him one companion. In this case ye subiect
that is bounde by his homage to helpe his lorde in battell shall
not refuze to fight for him, as in one other booke written in the
latine more at lardge I have declared. In the historie of
Ian Villano we reade that when kinge Carlo wolde
have fought wth kinge Piero of Arragon wth a hundred
knights a peece manye of kinge Carlo his men were called
and somme of them offred them selues to enter into battle
wth him, yet somme of them were proued disloyall inoughe
But whensoever any Emperor kinge or Prince, is deter:
mined to enter into particular battle, all lordes & other his
subiecte whatsoever condicion they be of, are bounde in person
to goe wth him, because they are companions in armes to
their lorde, as we declared in the booke of Nobilitie. when
the Romaines agreed to fight wth the Albanos thre to
thre particularlie. Then failed not thre of the one peo:
ple, the thre of the other to enter into Combatt, and fought
for their common welthe and contrie, as by the auntient
histories it is declared.
Whether Men within age
Weomen or Widowes, maye appointe
a Champion, or whether an Earle
maye so doe to one of lesse callinge
& estate then him selfe.
Ca. 11.
[054v] Accordinge to the lawe of Lombardie
it is agreed that an Earle maye at anye time vppon
wager of Battle whether he doe challenge or defende, lawfully
fight by champion, as erste we saide it was lykewyse lawfull for
widoes and men of vnripe age. And this is to be vndrstoode
when he challengeth or is challenged of one of lesse condicion then
him selfe. ffor after a challenge made to an other Earle or great
Lorde, he shall fight in personne, vnles it be in respecte of somme im:
pedymente; hapeninge before ye daye of Battle. ffor wch cause ye
daye mayebe differred. ffor vnto one of equall estate vnto him selfe
no Champion shalbe admitted, as before I saide, and shall hereafter
be saide. where we intreate of ye Battle of Nobilitie in the
firste Chapiter of the Sixte Booke.
Howe A murderer cannot be a
Champion, vles the accuser doe
refuze to fighte in Person.
Ca. 12.
To proceede further in the matter of Champions
we saye yt accordinge to the lawe of Lombardie
a man that hath committed murder cannot be admitted for a Cham:
pion vnles his accuser doe fight as a Champion. Also a man
that hath bene accused to have murdered his ffather, maye not
fight by Champion vnles he be of age insufficiente sicke or olde
Likewise beinge Challinger havinge like impediments, maye
fight by Champion. But in case of treason as erst I saide
no Champion is admitted, as shalbe better declared in the firste
Chapiter of the sixte Booke.
[055r] Howe Champions are geuen accor:
dinge to the Answere of the
Defender.
Ca. 13.
It is further apparaunte in the discourse of Cham:
pions, that the Challinger in his Challenge for triall
of the quarrell against his ennemie for all wagers
of battle be donne by token of Deffiaunce be answered
by the defender sayenge I will not faile to defende my selfe wth mine
owne handes, and the helpe of others, that wth my money I will
procure. In this case the Challenger shall not be permitted
to his Champion, but must fight him selfe in person, because
his Challenge was to prove his quarrell man to man, and
shall therfore so performe it. But the defender might
lawfullie geve Champion by his answere. ffor yf the
Challinger had saide I will prove my quarrell true wth
stande in mine owne defence wthout more wordes. Then
were it not lawfull for him to geve a Champion. And
this is determined by the lawe of Lombardie and
lawes Imperiall.
Finis Libri Quinti.
[055v] [blank]
[056r] The Sixte Booke. ~ . ~
Wherin is discoursed for What causes men maie come to Wage of battle
Ca. 1.
In the time of Othone that exellente Empreror and Lorde of Italie, the noble barrons made a certeine Inquisition by a wicked lawe that who so coulde shewe a writinge of Possession of his aduersarie who had affirmed the saide writinge were forged or falce. Then yf he that had shewed the saide writinge had sworne the same was true, he sholde have gained the possession, and for this reason were diuers falce writings and instrumts made. hereuppon the said Emperor Otho and his sonne Corrado of Burgondie kinge of Italie had greate conference wth the Barons and Lordes of Italie wch was kepte at Verona. In wch conference the saide lawe was disannulled and one other newe made, wch ordained that who so founde fault wth any writinge affirminge it to be falce ought to come to combat and fighte, and in case the combat were denied, that then he sholde avowe it by othe. It was also decreed that for ecclesiasticall goodes it sholde be lawfull to fighte, for wch respect this lawe was since corrected, besides this it was agreed, that wheras was anye doubte of a mans right that was invested in a Possession, that then the same not beinge triable by other pffe or witnesse sholde be tried by Combatt. And therfore yf the Contrarie parte coulde pve his righte as true ownor of the possession by witness, then it sholde not be a case
[056v]
of Combat Moreover it was enacted by them, that for the deteyninge of the lawe of twentie Ducatts or more the same sholde be tried by Combatt. Also yf anie man saye he hath geven his lande constreyned, and his aduersarie denieth to have vsed anye force or constreinte, the Challinger shall sweare, and the defender shall likewise take his othe. It was also condiscended yt for a Robberie of sixe ducatts or more a man might be called to combatt, Also yf a man were not of full age diseased or crooked, that then either parte might not appoint their Champion It shall also be declared that all Earles widowes and personns ecclesiasticall maye appointe their Champions, wth respecte that the saide Champions were of equall force, and therfore it cannot be denied by the Italions but in thes cases the lawe of Lumbardie sholde be obserued. ~ . ~ . ~ . For What causes men maye come Lawfullie to combatt. ~ . ~Ca. 2.
The Lawe of Lombardie saith that in case of treason the combatt is permitted, and lykewise for treason againste our Contrie wch the Civill Lawes do also obserue Also Frederigo the Emperor admitteth the combat for secrett murder done duringe truice taken, or where the wife is cause of her husbandes secret death or that he be made cuckolde, or vppon the death of the ffather for inheritaunce also in case of inceste and infamie offred to a chaste woman contrarie to her honnor, for goodes deteyned where thefte is denied by othe, for lande wtholden duringe the space of lesse time then thirtie yeares, and where witnesses that doe discent in one opinion maye be permitted to fighte not wth martiall weapon but wth staves, when the witnesses of the aucthor be of most importaunce, the other part shall not
[057r] haue place of Combatt. Yf the sonne deteineth his fathers righte, battle is allowed, et pro incendio combat is graunted against the malefactor, but not against him that did councell him to it. ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~
In howe manie cases Combatt is Permitted. ~ . ~ . ~ . ~ .
Ca. 3.
Ffirste for Periurie willfullie committed and infidelitie when anye writinge is alleadged and denied for truth, when two doe claime to be invested in lande and not apparaunte whether of them was firste, when anye debte of twentie ducatts or more is denied, when anye violence is offred vppon any possession, or when anie debte is deteined it shalbe lawfull to fighte because it is a kinde of thefte in the debtor towardes his creditor according to the opinion of Innocentio and Baldo. The lawe of Lumbardie saith that this quarrell is also to be tried by fighte, but the Civill lawe, before the Iudge, and not by force of armes. And such like cases are propounded by the lawe of Lombardie but by the Civill lawe a man maye not fight but in case of treason committed againste our contrie. By the custom vsed beyonde the mounteines and in Italie the combat is not graunted, but in cases of great importaunce of iniurie or open reproche committed against him, that findeth him selfe in the Cowrte of his Prince or in the opinion of wise and discreet men, wch wthout his great ignomie & dishonnour cannot be borne, and this is the opinion of Baldo, and custome permitteth that in every dishonnor it is lawfull to fighte because it is admitted by the Iudge uppon such a Respecte. And althoughe in the cases afore
[057v]
saide by the lawe of Lombardie combat was permitted, the same is also vsed in Italie, ffor the lawe of Lumbardie was made by kinge Carlo the sonne of Pipino the first kinge of Fraunce and after Emperor. It was afterwardes agreed by the Emperor Othone wch reigned in Italie that in thease cases at the request of the nobilitie and others combat sholde be graunted And therfore in consideracion of the aucthoritie of the Emperor Lorde in Italie this lawe ordeined by him is there obserued In wch lawe is determined that in cases not triable by witnes the Combatt sholde be graunted. In the kingedome of Sicilia the combat is permitted in two only cases beforesaide, and by kinge Carlo the seconde catholique kinge by two sentences reproveth all combatts wthout reseruation and so likewise dooth the decretall. But custome proveth the contrarie though seldome it is seene that anye combatt is wth the permission of the kinge, who respectinge conscience wthout great deliberation and manifest presumptions againste the defendr doe not permitt so greate a crueltie. Howe combatts had beginninge of God & howe they are permitted.Ca. 4.
Nowe it is to be remembred yt this lawe of Chivalrie wthin cases of iniurie and other offences permitteth personall combatt, tooke the beginninge from the first age when Caine killed his brother Abel. Also vniversall battle was indured by commaundemente of God for the punishmente of the disobediente to his lawes, so longe as were no Emperiours or Rulers, and everie one that might wth force or armes do Iustice, as we reade howe by the commaundemente of God Judith wth her maide Ambra killed the kinge Holofernes whilest there was no superior
[058r] that had aucthoritie otherwise to see him punished. ffor wch cause afterwardes were constituted kinges officers & magistrats, and prouision made that iustice was exequuted by them, and that whosoever did take vppon him the punishement of wronge by him selfe was punished, because in so doinge he vsurped the devine iustice, wch is the office of God geven to Princes appointed by him herevppon were made the written lawes, before wch iustice was donne by the Royall hande, by wch the powre of kinges do commaunde exequution. And then God commanded that offendors sholde be punished, and also that battle & warre sholde be made vppon such as disturbed the peace in kingedomes and provinces. God also commaunded that men sholde arme them selues against Rebells and evell doers In thease lawfull warrs when there was no superior that coulde chastize offenders and personns disobedient the custome of particular battle and combat was invented. wherin it was ordered that for proofe of offence, when the faulte was not apparaunte, they sholde fighte man to man. And thus for terror to them that wolde offende and doe wronge to others, yt was permitted that such as they offred iniurie vnto, might assaile them by combatt. ffor the lawe of defence is permitted, to brutish beasts by instincte of nature, who finding them selves provoked by others of their kinde wth their armes wch nature hath geven them wherwth they finde somme waies to defende them selves as their teeth hornes feels and such like, And this defence is also naturall to men provoked by iniurie, when aucthoritie or licence of the Emperior & Prince who hath powre to graunte battle for iuste cause doe so permitt, wheras is no witness sufficient that might by ordinarie Iustice put order in the cause.
[058v] For what Personns A Man maye
come to combatt.
Ca. 5.
It is more over demaunded yf it be lawfull to enter in:
to personall battle for cawses towchinge our Children or
wief or other neere personns? wherto it is answered that yea,
ffor Mr Baldo saith that for our kindred the same is lawfull
but for straungers not, excepte they be Champions wth licence of
their Superiour who maye in defence of the goodes of their
neere aliaunce or their Contrie or for deare ffrendes, beinge
of person weake & insufficiente, or in respecte of great amitie
or auntient acquaintaunce in armes or other such noble exercises
ffor thease are compared alone to them of our owne bloode
And true ffreindes (as Aristotle saieth) have but one soule
and it is to be suppozed that we haue iustice. The hollie
scripture saith that we ought to deliver them yt suffer wronge
by prowde handes. Solomon writeth, fayle not to defende
thy neighboure from death. Tullius sayth that who so defendeth
not his freinde, is like to him that forsaketh his kinsfolde &
kingedome. By virtue of Chivalrie it is permitted to
fight for our companions and all such as be before rehersed
And therfore I wish that where two have vppon wager
of battle appointed to fight at a certeine daye, and the defen:
der before the daye dieth, and the Challinger saith he died for
feare that then somme kinsman of his sholde fighte in his
place, affirminge no feare, but the will of God to have
caused his death, and I thinke he ought to be admitted.
Also in case of impedimente of one kinsman, an other may
performe Combat in his place.
[059r] For What reason the exercise of armes
is Vsed.
Ca. 6.
As before I have saide Particular
battle is permitted by licence of superiors for honnor
or triumphe in the memorie of somme Prince or other disports
or for pleasure or exercise of armes amonge gentlemen, for
the better seruice of our contrie and triall of virtue or othr
particular enmitie, by licence of the Superiors. In the
Cittie of Naples there was in olde time a certeine feilde
wherin men vsed to fighte. In Rome and Perugia we
finde sondrie aucthorities that there were places for
exercise of armes wthout other Lycence.
In howe manie cases punish:
ment is to be don, Vppon those
that kill anie man in particular combat or turmament [sic]:
Ca. 7.
One other doubt is yet moued yf in Combat
or turneyment before a Prince for open triumphe one
happen to be slaine, whether he that did this slaughter
sholde be punished or not? wherto it is answered, that he
ought not, yf the same be donne wth lycence of the prince
The decretall willeth, that the aucthoritie of the Su:
perior excuseth the murder for that it was not pretended
that any such murder sholde happen. But yf wthout
the Princes lycence or of firme deliberation the same
[059v] Slaughter was done or that the armour of him that is
slaine be perced wth some sworde made of purpose, or yf con:
trarie to orders he be striken behinde on the backe, then it is
otherwise, because thexercise of armes is to shewe the vir:
tue of the minde for triumphe and disporte, and not pretence
to hurte the adversarie. Lykewise yf a man willinglie doe
hurte anye stander by in anye of the cases aforesaide, the offen:
der ought to be greatlie punished. Also yf he hurteth anye
of them that fighte owt of the place apponted for yt purpose
he ought to be exequuted. ffinallie it is to be noted, that all
suche like pastimes are of Princes permitted, so as pre:
tensedlie no bloud be shed.
Whether A man maye be punished for
sleinge a man in the territorie of
an other Prince.
Ca. 8.
It is also meete to vndrstande of two gentlemen
beinge the vassalls of one Prince, & hauinge quar:
rell betwext them for life and death, after challenge
and other ceremonies done, do goe into the territorie
of an other Prince, and there fight, and there the one
beinge slaine, the other returneth home, when the Prince
apprehendeth as murderer, and offreth him punishmt accor:
dinglie, to whome he answereth, that in committinge the facte
he aduentured his life. The question is, whether this man
may by reason be punished as a murderer by his Prince or
not, or whether he lawfullie may stande in defence of his
heade or not, wherin is made one true resolution, that yf
the combat was permitted by licence of the Prince of
the place, that then such lycence excuseth him that gay:
ned the daye, for the combat beinge for defence of lyfe, all
offences be purged, and the victorie geveth true witnesse
therof, accordinge to the stile of Chevalrie, of wch opinion
[060r] is Mr Angelo Perugino who putteth example of two
ffrenche gentlemen, and the one having slaine the other
in Combatt by licence, resolued that he that gained the
victorie coulde not be by his Prince condemned for murder
If A man beinge challenged maye
be forbidden to fighte by his Prince
Ca. 9.
Lorde how harde this question is
to be decyded, where the defender is a gent
the subiecte of one Prince, and the challingr
the vassll of an other, and that for lawfull
cause the defender ought to answere him in battle of life & death
of wch promise the Prince havinge knowledge, causeth
his saide subiecte beinge Challenged, and vppon his alleage:
aunce commaundeth him that he shall in no wise accepte the
Defiaunce, ffor beinge his vassall he mente to imploye
him & his personne in seruice. ffor the trewe decision of
this doubte, who knoweth whether this excuse can excuse
the defender? and yet may be alleadged that the person of
everie subiecte is cheiflie bounde to his owne Prince before
all other, and the Civill lawe saithe that the Prince is
lorde of the Subiects person, by wch reason it mighte be
saide in not acceptinge the Defiaunce he is to be excuzed
and this lett of his lorde to be sufficiente. On the contra:
rie parte it maye be saide that a gent is more bounde to his
owne honnor then his Prince, and that no lett can be al:
leadged againste the honnor of the gent. The lawe wil:
leth that the subiecte oughte to prefer his Princes lyffe
and honnor before his owne, and the subiecte is bounde to obeye
and serue his Prince in all things possible. But this
semeth a thinge vnhonnest & impossible to doe againste
his owne reputacion, wch preserued, he ought wth care to
[060v] perfourme all dueties to his Prince. And yf any bande
contrarie to honnor did lett, that then he sholde not in anye
wise be bounde to do it. hereuppone is geven a certeine
rule in what cases the vassall is bounde to doe it obeye his
lorde, wch in nomber be sixe. Also in certeine cases the
vassall is not bounde to fight as champion for his lorde, &
this shalbe the true declaration of the doubte for conserua:
tion of honnor in this case. If the saide defender hath fee
of his lorde, wherby in solemne othe he is bounde in person
to serue him in the warrs, that then he ought in any wise
to performe the same to thende. And that beinge done he
shall accept the glove of defiaunce, & answere the chal:
linger vppon his owne quarrell, notwthstanding the im:
pedimente aforesaide. Or yf no warre happen to be
wherin he is employed, then shall he firste force the
savetie of his owne honnor. And yf after the deilde be
graunted & daye appointed the warre of the Prince
doe happen, there shalbe knowledge geven therof into ye
booke of them yt have loste victorie, & then be released
to his owne faithe.
If a Gentleman dooth challenge the
vassall of an other Prince, Whether he
maie be punished.
Ca. 10.
Iff a gent beinge owte of his owne Contrie and
in the territorie of an other Prince do happen to fall
in quarrell and defiaunce wth somme Baron of the saie
Princes contrie, whome he challengeth to come to combatt
in an other contrie indifferente. wheruppon the Prince
there dooth cause him to be taken, & offreth him punishment
saienge he hath geven deffiaunce of murder in his contrie
The Qwestion is whether for this acte he ought to be pu:
nished? wherin it is determined, that so longe as thexequution
of the saide defiaunce be not performed he ought not to be
[061r] punished accordinge to Justiniano in his gesti. Also the custom
of Chevalrie, doeth favour him, as by example of a certeine
Archer who standinge vppon the ground of his lorde, doth
shoote his arrowe & hurteth his ennemie beinge vppon the
territorie of an other Prince. But where the hurte is
donne there the Punishment ought to be geven. And this
is the opinion of Barthelo di Sasxo farrato.
If two knights of sondrie Armies doe
come to defiaunce Whether they
oughte to be punished.
Ca. 11.
Two Armies beinge at one tyme in the feilde en:
camped, and a capteine of the one campe sendeth defiaunce to
one other capteine in the other campe, and theruppon departinge
from their charge come to fighte, the question is, whether they
ought to be punished? wherto is answered, that they ought, for
this reason that they doe contrarie to their honnor, beinge bound
in person to serue their Princes in the Campe duringe the
time of their seruice wthout licence departe wch they cannot
doe, nor take weapon against thennemie, in wch doinge they
committ offence to the common welthe, or els treason. ffor
in havinge in this sorte wthout lycence of their generall come
to fighte, yt cannot be but dangerous to the common weale, for
such disorder and disobedience. And therfore the lawiers lear:
ned in lawe Civile doe assigne great punishmente to such
offendors that wthout leave of the generall doe come to
fighte, thoughe victorie doe not wthstandinge ensue, not onlye be:
cause they wente to fighte wthout licence, but also because they
passed their apponited lymitts. Also who so writeth to the
ennemies campe, or maketh to them any signe or token ought to
be grevouslie punished, as Titus Liuius writeth in his seconde
booke de bello punico of a Consull of Rome that vppon like
cause made his owne sonne after he had vanquished the
ennemmies to the people of Rome to be behedded.
[061v] In What cases the Lorde is bounde
to fight wth his Vassall.
Ca. 12.
It hathe bene alredie declared at lardge in
what sorte the vassall sholde proceede againste his lorde
chardginge him wth infidelitie. It resteth nowe to vndrstand
in what order the saide vassall shall behave him selfe when
his lorde shall vse towardes him enie other outrage to his repu:
tacion besides the saide infidelitie. And whether the lorde be
bounde to answere his vassall yf he sholde challenge him. In
wch case it is resolued that he ought not at the firste come to
combat, but the vassall shall goe to somme lorde or Prince, yt
is Superior to his lorde, and make his complainte, and so dis:
chardge somme parte of his case, and yf no such superior be, or
that he denieth iustice in case of honnor, then may he come to
combat, but first he shall geve defiaunce. And yf his
lorde refuzeth the Combat, he ought then appeale to the
iudgemt of men of warre and common iudges, and wth this
exception the sworde shall cease. But yf in them the
vassalle finde no iustice, nor yet his lorde will by anie
meanes come to combat in the cases aforsaid. It shall be lawe:
full for the vassall(yf he be a powre sufficiente) to spoyle
the contries of his lorde. And yf the saide vassall be
a gentleman & in this sorte challengeth his lorde, he
oughte of right not to refuze him, though not in proper person
yet shall he doe it by Champion of equall degree, as is
written in the booke of Champions. And yf the lorde al:
leageth superioritie, the vassall maye answere that in the
vse of armes all gent be equall for defence of their honnor
and in that case lordshipp is laide aside as hereafter we have
written at lardge, when we entreate of Battle emonge
Noble men.
[062r] If two Ennemies be made freindes fal:
longe into a newe Quarrell, Whether ye
peace betwext them be broken.
Ca. 13.
Twoe Noble knightes beinge Ennemies doe eithr
of them defie the other, and beinge readie to combatt
doe fall to agreemente, and make peace, swearinge yt either of
them will for ever forget all former iniuries, afterwards there
happeneth newe disagreements and quarrell of fight wherup:
pon they come to defiaunce, and enter into lists man to man.
where after manie woundes geven and receaved, he yt founde
him selfe moste weakened accuseth the other that contrarie to
former promise he hath nowe hurte him. The question is
whether in this case comminge to Combat after othe made to
the contrarie, he be periured or not? as a knight of reproch
and vnworthy the name of a noble gent. wherin is agreed
that he hath not failed of his honnor, seinge the cause wherfore
they fight is not the firste quarrell, but a newe disagremt
vppon a newe occasion, wherto the firste promise of peace
dooth not extende, and therfore wthout fraude according to
the opinion of Bartolo he hath performed the parte of
a good and honnorable knight.
If Vppon A penaltie a man promi:
seth to giue the Lie to an other:
Whether not so doinge he maie come
to Combatt.
[062v] Ca. 14.
A certeine gentleman complaineth of an othe
that he had spoken reprochfull wordes of him & thus he
spake in ye presence of a gent that made pfession of armes
who heringe this complainte promysed to geve the lie to him
that had vsed such speache, and in case he did not so doe, he
wolde be reputed a Cowarde and dishonnored. Yet not wth:
standinge his brave promise, did not at anie time offer the lie
as he said he wolde. Whereuppon the gentleman doothe
chardge him wth [?], or otherwise he wolde call him to com:
bat as one yt had failed of his honnor. The Souldiers
answered that he wolde not come to combat, but yf he did
it not he was contente to be defamed. This matter beinge
examined by a Iudge in armes, yt was demaunded whether
he sholde be forced to answere the combatt or not? And
it was concluded he sholde not. ffor the souldier in not
havinge performed his promise deserueth none other pu:
nishment then that wch he appointed vnto him selfe wch is
to be proclaimed a Cowarde and dishonnorable, wch shall
in such a Case suffize, and other combatt shall not be
needefull.
Whether A woman maye fighte
personallie, or by champion.
Ca. 15.
A Certeine Ladie beinge defamed by
a gentlema, and beinge ielous of her honnor, did geve
him the lie in his throte as a Ribalde & a traitor, and ther:
wthall offred him defiaunce and combat, the gent answe:
red, it was the profession of weomen to spinne & not to
fighte, the question is whether he might refuze such a
Challenge, and not to answere the quarrell of a woman
or not. Accordinge to an auntient booke called the lawe of
[063r] Lumbardie it is lawfull for a woman to fighte by Champion, but
not in person, because to vanquish a woman in fight it were no hon:
nor, and to become by her vanquished much worse. ffor a feminine
nature cannot become manlie, and therfore sholde be dishonnored
emonge all gentlemen. The Civill lawe saith that a woman may
not appeare personallile in iudgement but by Atturney, nor can
succede in any Phe*do geven for personall seruice in armes, because
in person she cannot serue her lorde, wantinge the nobilitie of a
manlike minde, though we reade of certeine valiaunt weomen
as the Qwene of Amazons who fought wth Pirhus. Also
the Qwene of Austria who accompaned wth her armie came
to here the wisedome of Solomon. Also Mithridates wife
who as Valerius maximus writeth haunted the warrs. Ther:
fore Andrea d’ Iserina put this distinction, that vnles a woman
can personallie serue her Prince, and kepe the Phe*do as suffyci:
ent as did Penthasilea who rescued the olde kinge Priamus at
the seige of Troye, she sholde not fighte. The lawe of Lom:
bardie affirmeth that a woman accused of adulterie maye iuste:
fie her honnor in battle by her husbande or other ffreinde yf
she be not exercysed and accustomed to warrs her selfe, as thease
noble weomen were.
Whether the sonne acceptinge battle
maie by his father be forbidden.
Ca. 16.
Further it is to be consydered that yf the sonne
of a gent havinge waged battle wth an other and after de:
fiaunce geven, the Iudge appointed and the weapon chosen
and readie to enter into the ffeilde, his father commeth and forbyd:
deth te ffeilde, sayenge his sonne cannot come to battle wthout his
leave, nor enter into iudgement of armes wthout his assent by re:
son of his ffatherlie aucthoritie. The question is whether
suche prohibition maye staye the combat or not? wherin is re:
solued that it ought not, because the warrs were in vse before
the aucthoritie of the ffather, and combatts were knowen longe
time before the Civill lawes wch founde out firste the aucthoritie
of ffathers. There were certeine penalties assigned to such
[063v] ffathers as wthdrewe their sonns from the warrs of the common
weale. Also the ffather shalbe punished, when by ffravde he
disableth his sonne to appeare in warrs. The lawes doe accept
the sonne as ffather of the ffamelie duringe his beinge in armes
and not to be anie thinge subiecte to his ffather, neither can
the ffather forbid him private combatt because his owne honnor
is deerer vnto him then thaucthoritie of his ffather. This
is the Iudgemente of themperor where he writeth the arte
of the warrs.
If anie iniuried doe repulce the iniurie
whether they maye come to combatt.
Ca. 17.
One gent calleth an other Traitor, who
replieth sayenge, I am none, but thowe arte, and
therfore thence I saye thow doest lie falslye. The question
is whether in this case they maye come to combatt or not?
wherin the opinion of diuers men is they ought, fforasmuche
as the offence wheruppon the quarrell groweth is perilous
in the common welth and needefull to be knowen, and cheiflie
in assemblies and Princes Courts. ffrom whence, (and the
companie of gent they ought to be chaced and driven out) &
all honnor & aucthoritie vsed by men of suche condicion ought
to be geven to others as though they were dead. Therfore such
offences obiected to a gent sholde be purged either by battle and
death or els by causinge the accuser to vnsaye & denie his
owne wordes, and so shewe his innocencye by force of armes
avoydinge all slaunder & reproche, and for proof that the
traitor is a man of all other most wicked and pernicious there
remaineth manie examples, but emonge the rest that of
our redeemer, who not concealinge the treason of his dere disciple
Iudas Iscariot stewarde of his howse, saide vnto him in the
pnce of all the disciples O Iudas what thow haste to doe doe it
[064r] quicklie, of purpose to save him from treason, & not to offend
therin, but rather to aduise him from vnhonnest gaine. Also
there have bene seene manie & wonderfull iudgements of
such as have vniustlie accused others of treason, & the
accused remaine vnspotted, emonge all wch, I will breiflie
recite one wch hath bene tolde by a certeine grave and re:
verende person of great aucthoritie and iudgemente.
Sometimes there liued a yonge gent of Almaine dis:
cended of the noble famelye of Brunzwicke who not
for wante of welth, nor yet to gaine reputacion or other
worldlie pffitt, but onlye to see th worlde & learne ex:
perience dispozed him selfe to traveill, and beinge furnishe
wth store of moneye, apparell, horses, & seruaunts disgui:
singe himselfe departed from the contrie of Saxonie, de:
batinge what Prince of Christendome was moste famous,
resolued that the most cristian kinge of Fraunce
was the worthiest of all in those daies, aswell for the
perfourmaunce of noble exploitts, as the courtesie he
vsed to all gentlemen that resorted to his Courte. whethr
according to determinacion he wente. And beinge arived
at Parris became seruaunte to the kinge, whence wth the
Qwene he serued wth suche care and diligence, that
of either of them he became greatlie estemed, and the
rather yf he was descended of so noble a howse, wherof
were come diuers emperors, and somme of them for their
virtue and prowesse famous thorough the worlde. ffor
as men saye the Emperor Ottoni descended from that
moste noble famelie of Brunzeicke wherof one
braunch is yet in Italie vnknowne. This foresaide
gent duringe his seruice, thorough his virtue & care
did greatlie honnor the Courte of Fraunce by his
good government & behaviour there, wherat the malici:
ous envie of one other gent of the kings chamber findinge
him selfe greatlie discontented, sought by slaunder to
remoue the favour wch the kinge bare vnto this Al:
maine, geving his Ma’tie to vnderstand, that the saide
gent to his great dishonnor and shame had possessed
the loue of the Qwene, and vsed the same wthout
respecte of her honnor. And that for proof therof
he saide that at the wasshinge of the Qwenes hands
[064v] she tooke her Ringe and gave the same to the saide gentlemans
Page to carrie vnto his Mr. wherfore (qd he) your Matie
maye not in any wise permitt so wicked dishonnestie, but wth
due punishment chastice the same. Vppon this slaunderous
reporte the kinge resolued him selfe, and caused the gent
accused to be burned in a ffornace, and gaue the saide chamber:
leine accuser commission to see it perfourmed, who, gredie and
cruell vppon the Almaine bloud, not deseruinge the fire, nor
havinge deserued to suffer deathe, sent knowledge yt the nexte
morninge, the first man yt came sholde be brente. The execu:
tioner obeyenge the commaundemente, attended to put the same
in exequution, whether the saide Almaine wth a dissembling
message was sente to saye, that the kings pleaser was that
thexecutioner sholde dispatch him, whome he had sente to be
burned, vppon his waye he happened to passe by a certeine
churche, where ye praiers was in sayenge, and goinge into ye
same, taried there wth great devotion till all was donne. In
the meanetime the ffrenchman that had the commission
came to the ffornace him selfe & was putt therin and burned
The executioner suppozinge it had bene hee that sholde be
burned by the kings commaundemente. At length came the
Almaine and saide, is the kings pleaser perfourmed, to whom
it was answered, beholde the fire beareth witnes, wherof
the kinge aduised, perswaded him selfe that the Almaine had
not deserued to die, and was therfore glad, as innocent he
had escaped, and the other that had slaundered him as a tray:
tor did beare the paines he ment vniustlie to have put vp:
pn others. hereby it is to be considered, that who so accuseth an
other falslye deserueth the same punishmente that a traitors
offence dooth merit. Wheruppon Frederigo the Emperor
that forbad particular combatt in this case of treason did com:
maunde the same for the purgation of so detestable and offence
emonge men & beasts. Therfore whensoever a man calleth
his companion traitor he shall boldlie answere he lieth, and
yf he be chardged an hundred or thowsand times wth the wrong
he shall saye as ofte, like a vile traitor thowe liest, in wch
sayenge he shall retorne the dishonnor to him that offred the
same who shall so remaine belied. Then yf the Iniurer doe
offer to trie the same wth the sworde vppon his person and
doothe continue his Chardge the defender iniuried shall replie
[065r] sayenge thowe liest falcelye & wickedlie traitor as thow art
and thowe shalt never be hable to prove it vppon my person
wch is ever readie to mainteine that thow hast lied. In this
case it is necessarie that the parties doe come to combat, for the
triall of truth, wch the victorie can only declare. All
the auntient & younge lawiers agre, and their opinion con:
firmed by Frederigo themperor, that in case of treason com:
bat is to be permitted, thoughe the saide Emperor did for:
bit all combatts, yet for terror to traitors and murderers yt
traiterouslie and secretlie doe offende, not only their contry
and royall crowne, but allso privat men, wthout leave
of their Superiors maye against such traitors proceede
and yf the offence be manifeste wthout penaltie he maye
be slaine, vnles the Prince doe spetiallie pardon him &
remitt the offence. ffor in that case he maye not be mo:
lested nor chardged wth wordes, yf the Prince have re:
mitted the same. And yf a man saye thowe were a traitor
it maye be true, but no case of combatt, but yf the iniured
saye it is not true, then it shalbe a case of combatt, because
such wordes by odious, according to the gospell of St
Marke, who saide of Iudas, that better it were, he never
had bene borne, declaring therby that such wicked personns
are abhominable to the nature of man, and the revenge
ought to be geven quicklie and not delaied. ffor knowinge
wthin him selfe, that he is guiltles, he ought to embrace the
combatt, and cheiflie before the Prince who is the livinge
lawe vnited wth a Sowle, and therfore shall saie thowe
liest falcelie, and theruppon hazarde his liffe, in witnes
therof not refuzing combatt. Thus speakinge he shall
humblie kneelinge before his Prince, and cravinge pardon
for speaking in his presence (for who so offreth iniurie in ye
pnce of the Prince committeth a publique offence in molesting
his eares, and other offences wth the mindes of all soldiers)
wherto the answere & punishmt shalbe spedie, repulsinge
the publique and privat iniurie, and declare him selfe a
good & loyall knight to thende it maye be knowne the iniurer
hath spoken falslie, for in suche cases, silence is not good
because it breedeth suspition. And therfore the spedie
geving the lie, and not to be silent, is the Remedie.
[065v] In What cases the Lorder maie refuze
to fight wth his Vassalls.
Ca. 18.
In this present Chapter it is declared that
combatt may be betwext the lorde and his vassall
in person. ffor yf the Subiecte doe pretende to be offred
by his lorde, iniurie in case of infidelitie, it is presumed the
same is infamie, and contrarie to his honnor. Therfore yf
the vassall doe in this case wth iustice demaunde the combat
the lorde maye not avoide it, or in refuzinge he shall re:
maine dishonnored. And thoughe he dooth offer his cham:
pion, yet in this case of infidelitie he ought to fight in
person, because the quarrell riseth vppon infidelitie, wch
towcheth asmuch the honnor of the subiecte as the lorde
and importeth the lorde no lesse to obserue his fidelitie
towardes his subiecte, then the subiecte to his lorde.
And therfore in this case, there is no superioritie, when
soever anye fidelite is once promized & not performed, &
therfore when the vassall challengeth his lorde wth in:
fidelitie, and that he denieth the same, the vassall shall saye
it is vntrwe that he answereth, and so for savinge his honnor
come to combatt wth his lorde wch by champion he may not
performe, but in person, wch reason Mr Andrea de
Iserina dooth approve in the booke of Phendi. wherin
it is concluded that fidelitie ought to be betwext the lorde
and the vassall recyproke. And therfore personall com:
batt cannot be avoyded where fidelitie is once promised.
[066r] In what cases A man iniuried maye
come to combatt.
Ca. 19.
One noble and subtile question remayneth yet
to be iduged by valiaunt & discrete soldiers. Two gent doe
happen to fall into iniurious speach, and the one sodeinlie in coler
saith to the other, thowe art a traitor, wherto he answereth
wth my sworde in hande I will mainteine I am no traitor. The
question is whether in suche case, a traitor maye not be per:
mitted to fight wth him that is loyall or not? ffor resolu:
tion of wch doubte I saye That yf the offence be not
apparaunt the combat may not be refuzed, for beinge
readie wth weapon in hand to defende he is no traitor, he
maye iustefie his honnor. And yf the Iniurer sholde saye
I will by lawfull witnes prove thow art a traitor, the cause
shall be examined and proved true he ought not to come to
combatt. But yf it be not proved, then the iniuried shall
boldlie saye, thowe haste called me traitor & not proved. I
will wth my sworde trie the contrarie. But yf it happe:
neth thorough collor beinge called traitor, he answereth
thow liest in thy throte so ofte as thow so hast called me
by thease wordes the iniurie is repulsed, & is no cause for him
to fighte. wheruppon Mr Andrea d’ Iserina in the booke
of Phendi maketh a difference of thow art a traitor &
thowe were a traitor. ffor it might be his Prince hathe
restored him to his honnor, and the passed offence removed he
maye saye I was restored to mine honnor & mine offence par:
doned, after wch remision the iniurer is bounde to doe no iniurie
by the lawe Emperiall wch saith, that after pardon he is
no traitor, and maye at occasion wage his battle. And yf a
traitor be restored to his former honnor he ought to be admitted & not
repulsed, and yf the one dooth hurte the other wthout defiaunce he
shalbe a traitor, & banished the pnce of his Prince & the companie of
gent. And yf he possesseth fee, his lorde for such default maye
iustlie depriue him, as Mr Andrea d’ Iserina writeth.
[066v] Whether a man Vanquished maye come
to a combatt after.
Ca. 20.
One other case remayneth to be decyded. Two gent
doe fighte in personne for life and death, and in their fighte
the one dooth yelde him selfe, who afterwardes dooth move quar:
rell against an other gent after his yeldinge. The question
is whether after such dishonnor, he maye be at the seconde
quarrell repulsed? The opinion of certeine valiaunt
knights hathe bene, he ought for yt dishonnor to be defamed
till death, & maye not be permitted to come to combatt wth
anye gent, as one periured & vanquished. And to visage
a mans owne wordes is in the religion of armes, non preuari:
care. ffor when men come to fight in person emongest other
orders to be obserued therin, they are solemnlie sworne to
mainteine their honnor and fame, wthout respecte of vaine
glorie, or slaunder to the aduersarie. The same opinion
is approued by the lawes Ciuile wch affirme that who
so is condemned of slaunder ought not to be admitted to other
accusation vnles for offence done to him self, or against
the sacred crowne of the Prince or his livetennannts
In consideracon wherof the constitucion of Frederigo the
seconde Emperor determined that he that is yelded or van:
quished ought not afterwardes to be admitted as challenger
in battle for lief and death, but yf he be prouoked, then may
he not be repulsed. If in combat of love, vowe, or other en:
terprise of triumphe he presenteth him selfe, in that case
the repulse shall cease, though happelie he hath lost a
thowsand battells before, he maye not be denied, yf they
be not for lief, as in two other chapiters in this pnte booke
shalbe more at lardge declared.
[067r] Whether A defender maie chaunge
the Quarrell.
Ca. 21.
Iff a gent dooth sende his gloue of defiaunce &
he that is challenged dooth accept the defiaunce & quar:
rell. The challinger chaungeth the quarrell sayenge that
the defender hath committed an other offence. The question is
whether the defender standinge firme to the firste, yf the quar:
rell may be chaunged, or whether he may be admitted to saye, I
will firste perfourme my firste quarrell, & after we will
common vppon the other. The order in armes commaundeth
that the firste quarrell shall stande, and theruppon was the
token of defiaunce deliuered for more assuraunce. ffor this
reason the Romains became victorious, because they remained
firme in their determinacions. ffor ye defender maye happelie
haue right in one quarrell and doubte of the other. Also in
this case the defender may saye yelde thy selfe in the firste
& we shall deliberate vppon the seconde, wch yf the chall:
inger doe, yeldinge him self & prouokinge the defender to
the seconde quarrell, the defender may answere. Thowe
art not worthie to come to combatt, havinge alredie confessed
thy slaunderous wordes, and therfore thowe shalt remaine
as falce & periured, as by thine owne confession in the firste
quarrell appeareth. yet the lawe Civile saith, that not:
wthstanding the first quarrell, the seconde may be ioyned
therto & cheiflie in multiplieng of wordes, the iniuries doe
arise, as yf in disagrement of one worde, an other be spo:
ken, then happelie the first, by reason it is doubtfull or
wronge is loste slippe, and the seconde become the cause of
challenge.
[067v] In What case for iniurie a man maie
come to defiaunce.
Ca. 22.
What shall we saye of him that saith to an other
thowe art of a Ruffianlie behaviour, a traitor worthie to be
hanged, he that is iniuried dooth answere thow liest, or happelie
for more modestie saith thowe speakest an vntrueth. The
question is whether in this case they ought to come to combatt
or not, wherin it is determined they ought not, because he to whom
the iniurie was offred hath satisfied his honnor by givinge the
lie to the iniurer. This is the opinion of dino de Mongello
and also of Bartholo Prince of the lawe Ciuile, who aff:
irme that to lie is a greater iniurie then to conceale the truth
vnles the iniured doe saye thow liest, in wch sayenge yf in deede
he did lie, then is he no iniured, wch is no small satisfaction
for he yt is belied is compared to a theif according to the
Iustinian lawe. ffor yf a man be iniured, and saith to him that
offreth the iniurie thow saiest vntrulie, or thow tellest an
vntrouth, it shall suffize to save his reputacion in the he:
ringe of men of wisedome & aucthoritie, but yf a man beinge
firste iniured and called traitor, dooth answere, thow art A
traitor, a theif, a ruffian, a murderor wth diuers other words
of reproche to him that firste offred the iniurie, who for this
respecte desireth the Combatt, wch may not accordinge to the
opinion of diuers men be denied, for because, havinge once replied
& called the iniurer traitor, he was not so contented but en:
creased the iniuries, callinge him also theif ruffian wth
diuers other names before rehearsed. Notwthstanding all
wch in mine opinion they ought to not come to combatt because
all the faulte ought to be laide vppon the firste iniurer
whose firste disorder in offringe iniurie that kindled thease
answers of greif & coller, and the aucthoritie of the Specu:
lare that he that is provoked shall ever remaine excuzed.
[068r] Whether A man iniured in his
trouth may come to th combatt.
Ca. 23.
Off wyse & vpright Iudges voyde of partiality
for Respecte of mercie wroth or envie I wolde be re:
solued in this case. A gent calleth an other bastard
misbegotten, borne contrarye to the commaundemt of God, A
thef a Criple, a blinde beaste wthout father or certeine mother
all wch iniuries notwthstandinge they be manie, & of much im:
portaunce, yet beinge true, whether by order of armes, they
ought to come to combat or not. It hath bene alredie deter:
mined by martiall decrees, that combatts ought to be perfor:
med for triall of truth, conservation of fame, & discipline
of armes, & not for vaine glorie. Therfore the quarrell
is here to be considered in every condicion. ffirste whether
the iniurer hath spoken such iniuries, and whether he so did
wth intent to offende, or els for thincrease of his owne honnor
yf villanouslye and wth intente to doe iniurie thease wordes
be spoken, then the lawe civile permitteth the combatt, &
the reason is this, that albeit the iniuries offred be true, yet
beinge offred wthout cause, it is not the parte of a courteous
gent so to doe, but rather ought to cloke the deffects of others
beinge no indempnitie to him selfe And notwthstanding by lawe
such battle be permitted, yet ought not he that is iniured to
enter into combatt, because the wordes beinge true he sholde
defende a great vntruth. But yf needlie he will curra:
giouslie so doe, then shall he chose the feilde the Iudge &
other particularities as is before rehearsed, & appearing in
this sorte before ye Iudge, the saide Iudge ought to behave him self
discreetlie, and not admitt the combatt, but let the iniurer to
vnderstande, that he hath committed a parte of great reproch
in offending an other wthout cause. Yet seinge the iniuries
were true, the man iniured sholde fight against ye trueth
But the iniurer dooth replie sayenge I did not saye this to
offende thee, but to make thy defecte knowne to ye world, &
that thowe may not be admitted to office or dignitie to the
[068v] hinderaunce of the common weale & defrawdinge of good
men, wherto the iniured answered I will pve vppon the
that not for anie such zeale thowe seekest my infamie
but of purpose to publish that wch thow alone doest knowe
& therfore hast done me iniurie. hereto yf the iniurer re:
plieth that notwthstanding all this the iniuries are true
in that case it semeth they maye come to combat man to
man for lief & death, but as the contrarie is decided, by
reason the right of the quarrell is certeine and not incertein
And yf the iniurer saith, he did it not of purpose to offende
the same ought to suffize though the iniured be not so con:
tented, and the lawe semeth to forbid that a bastarde, a
Creple, a blinde man or deceiuor sholde be reproued of full
intente. Yet for the preseruation of an others honnor, or
profitt of the common weale, and for kepinge them from
dignitie or office it is lawfull to offer such iniurie accor:
dinge to the opinion of Bartholo. And yf hereuppon
quarrell groweth, no combat shalbe admitted, because
the same is for revenge rather then triall of the truth
and though the iniured wolde belie the iniurer, it shalbe to
none effecte because it is contrarie to truth. Of such
lies in the laste Chapiter of this pnte booke we will
speake more at lardge.
Iff the defender doe not appeare
to combatt: How to pro:
ceede.
Ca. 24.
[069r] Off a certeine worthie Souldier I was demaun:
ded this Qwestion, yf a gent vppon quarrell sendeth
his glove of defiaunce by the herehault to him that offred
the iniurie. The herehault or Trompet doinge his inde:
vour can by no meanes finde him to present the defiaunce The
question is what the saide herehault ought to doe for the
execution of his Commission. havinge hereuppon perused
sondrie books and assembled diuers consultacions thus I re:
solued That yf the gloue were sent into anye Campe where
the defender did governe as Capteine generall, or yf he serued
anye kinge Prince or other Potentate in anye fortresse castle
or Cittie he ought to be sought there on the behalf of the
Challenger, and not beinge founde the herehault shall desire
license to enquire of the absent knight, who beinge founde
in his Pavilion or wthin the Circuit of his province, the
saide herehault shall there publish the defiaunce, and shall
doe the like in the market place of the Campe, or where all
the armie doe assemble in squadron or muster. Or yf
happelie he be a courtier, then shall the saide message of
defiaunce be pronounced in the Cowrt of his Mr, and take
therof recorde & witnesse, of his circumspection & diligence
And the Challenge beinge thus done shalbe recroded as an
edicte, and not answeringe hereto, the iudgement shall pro:
ceede as in the next Chapiter shalbe discoursed.
Of th Same matter.
Ca. 25.
The gentleman that hath sente in this sorte his
wager of battle to him that absenteth him selfe
and dooth not as becommeth a good soldier make answere may
accordinge to the order in armes wthout all passion proceede
against him that contrarie to reason & wthout all reaso:
nable excuse absenteth him selfe wthout answere made
[069v] by his procurer. The challinger maye in this case lawful:
lie speake infamie of him, and in his despight disarme
him selfe to his reproche and shame, and wheras it apper:
teined to the defender to choose the weapon the Iudge
& the feilde, nowe the challinger maye lawfullie in his
disdaine doe it, and bannish the defender as a Coward, a
man dishonnored and vanquished or as one that confesseth
him selfe yelded and is absent of purpose to molest the chal:
lenger. The matter beinge thus handled by the challinger
it shalbe a meane that the defender shalbe reputed amonge
gent of honnor as a Cowarde, and one of no estimacion, &
afterwardes he shalbe reputed as a man insufficient to serue
his Prince his contrie or common weale. This is the
Iudgement of the lawe Ciuill Vigetio affirmeth, that
it is the parte of a gent to reguarde his honnor wth:
out feare of death. he ought also to defende his contrie
and who so not estemeth his owne honnor, shalbe reputed
a knight dishonnored and of none accompte. Hieronimo
a discreete doctor affirmeth that a gent ought to shewe
his martiall virtue, and therby to gett fame. ffor the
woundes receaved in battle, be as it were a grace, and
whatsoever gent in time of neede or seruice dissembleth
sicknes exile or wthdrawinge him selfe, dooth by the lawe
civile deserue punishment, yf he so dooth to be absent from
thexercyse of armes when necessitie requireth. And
alleadgeth Grimaldo a gent Romaine to have bene so
punished, for yt at the time of battle he feigned him self
sicke and so became condemned as a runagate. Such men
are not worthie to beholde their Princes fate, but to be
reputed as cowardes wthout courage fame or honnor, wher
others beinge deade in seruice of the common weale, their
Prince or their owne honnor, doe liue in fame & glorie
reputed valiaunt & immortall, but thease yt so litle
esteme their owne honnor do liue as though they were
deade as witnesseth Liuio an exellent historiogra:
pher in his seconde booke ab urbe condita, recitinge
Tito Manlio a noble Romaine, and sonne to a Consull
whoe beinge provoked to combat by a Tuscane, ennemye
[070r] to the Romaines, And beinge of valiaunt minde readie to
performe his honnor, wthout deliberation or stoic to desire
his ffathers assent beinge Consull, accepted the Challenge
and vanquished thennemie. ffor wch doinge his father
wthoug respect did cause him to be behedded, only for tran:
sgressinge the decre of the consull his ffather, whoe
commaunded that no man sholde accept the combat wth:
out licence, first obteined we see therfore that Tito
Manlio was more ielous of his honnor then of his lief
& was more readie to hazarde his person then wth dishon:
nor to save his lief. This death of Manlio as all noble
mindes doe thinke is eternall life, who in respecte of his
owne honnor despized all deathes. And this I write for
such as absente them selues and lose their honnors.
Notwthstandinge yf the defendr thinketh the Challingr
vnworthie to be answered and dishonnorable sayenge I
will not come to combat, but yf thow have ought to saye
come before the Iudge and I will answere the reason
As a Florentine historiographer writeth of a certeine
Almaine who provoketh Mario the Romaine wch
Mario answered. If thow be desirous to die, thow maiste
by hanginge thy selfe eschewe the Combatt. The like
Plutarcho writeth of Ottanio who beinge provoked
by Marco Antonio saide, thow haste a hundred waies
to death I praye the forbeare this. But to conclude
I saye it is at the choise of the defender to accept the
quarrell, or wth culloured answeres to refuze it as
Ottanio and Mario did.
If a knighte dooth challenge
a Philosopher Whether he be bounde
to answere.
Ca. 26.
[070v] A certeine gent beinge pleasantlie dis:
pozed asked of a Philosopher, whether yf a Soldier
sholde challenge a man of lawe or a Philosopher to com:
bat, yf not answeringe therto he sholde be reputed dishonnored
or not. To wch question it was answered, according to the opi:
nion of Aristotle, that ye same was no dishonnor at all. ffor
as the proverbe saith Trattano gli fabri, le cose fabricate
wch importeth, that each man ought to deal in his profession.
Therfore it semeth a thinge vnmeete, that a man practized in
armes sholde challinge him that never ware armoure, nor
knowth wch waie to drawe his sworde, wch were as evell
seminge, as yf a Doctor sholde challenge a Souldier in dis:
putacion. ffor yf a man armed dooth challendge one disar:
med or a woman who accepteth the challendge, though the ar:
med souldier dooth vanquish the other yet shall he gaine
no honnor therby, but rather be marked & reproved for so do:
inge. And yf a Soldier making this Challenge will not be
satisfied, the Philosopher shall as defender chose the Iudge
& weapon, saienge I will come wth one booke in my hande
thow wth an other, and so we will debate our cause before the
Iudge, wherof the soldier shall receave small honnor as
Tullio writeth, for a man vnvsed to weare weapon is resem:
bled to a woman. My self beinge a doctor in lawe was
once Challenged by a gentleman who chardged me to have
taken awaye his lackie, to shome I answered that I founde
no case in my books whch bounde me to accept the combat of
so innocent a Challenger.
If two gentlemen doe geue one Armes
or badge Whether for that cause they
maye come to combatt.
Ca. 27.
[071r] Iff a gent doe weare anie deuise, worde, badge,
Armes or token of honnor, & one other gent either
for vaine glorie or vppon iuste cause doe challenge ye same
saienge, it apperteigneth to him, and not to the other, who in like
sorte replieth it to be his owne, & wolde so mainteine it. The
question is whether vppon this quarrell they maye come to com:
bat or not In wch case it was determined they mighte, yf anye
of them coulde prove they were ye same wthout assent of him
to whome they first apperteined, & not by force, or els yf he had
them by difrente from his auncestors. And this is admitted
by the lawe Ciuile for who so geveth the armes of an other
gent dooth against iustice, and the Prince maye lawfullie
forbid him to beare them to aduoyde the slaunder yt will ar:
ise therof. Bartholo a great doctor writeth that armes
auntientlie belonginge to a gent may not be borne by anie
other vnles the saide gent offendeth in treason. ffor in such
case the honnor of his howse is obscured, and perhapps for
ever loste. Also yf a Capteine in warrs doe vanquish his
ennemie & winne his ensigne or standerd it shalbe after law:
full for him to beare ye same wthout contradiction. Liuio
writeth in his booke ab Vrbe condita, that Romulo the
first kinge of Romaines makinge warre vppon the Cininesi
and givinge them the overthrowe, came at length to the per:
son of Acrone their kinge, whome presentlie he slewe wth
his owne armes, and bearinge awaye the spoiles caried the
same to the Temple wch the saide Romulo had builte, & as
Plutarcho writeth he there declared that who souer wolde fight
for his glorie and become victorious, sholde haue of those
spoiles to shewe them in witnes of victorie. As this acte of
Romulo was noble and worthie, so we reade of Cornelio coso
howe he followed the stepps of Romulo, and slewe Tullio
kinge of Tuscan. Also Marco marcello slewe Brennio
kinge of Fraunce who also preserued the spoiles of ye deade.
we reade likewise of Tito Manlio the Romaine who havinge
vanquished and slaine a french knight, tooke from him a chaine
of golde embrued in bloud, & theruppon tooke ye name of Torquato
leavinge also the surname to his posteritie. diuers other
Romaines there were also who vanquishing their ennemies
[071v] gave their spoiles for a memorie to their ofspringe as Tullio
Tito Liuio writeth, wherfore whensoever two gent doe beare
one armes deuise or other token of honnor, and either of them ha:
uinge so done longe time passed, & yet neither able to showe anie
prioritie by graunte of the Prince, no combat shalbe ad:
mitted in that case, because neither of them can be proued an
vsurper. And this is to be vnderstoode when the bearers be equall
of bloude estate & dignitie, for beinge vnequall he ought to be
preferred thatis of the worthier race, but in the case before reher:
sed it shall not be prohibited to anie of them to beare them. And
therfore yt were expedient that by agrement they make afterwards
somme difference in their armes or deuise so as no further contention
be, But yf in this case none agrement wilbe had, but that
needelye they wilol fighte who shall possess all, then the
Prince maye at pleasur geue them the feilde to fighte, although
armes & honnor of longe time kepte, wolde not but vppon great
necessitie be aduentured. Moreover yf the armes have anie
diuersitie or difference in name, there can be no cause of quarrell
as yf one geueth the bore the othe the Sowe. ffor as Aristotle
saithe, the diuersitie of substaunce or qualitie accidentall ma:
keth the difference. As we see one beareth a lion gules in a
feilde azure, an other beareth the same in a feilde sables, somme
beare the lion redde, somme other white, somme reguardant, somme
couchaunt, somme passaunt, & somme rampaunt. Somme beare ye
starre wth vij raies, somme wth five & somme with sixe, somme
wth longe raies & somme with shorte. Somme beare the moone
at full & somme in the wane. Somme beare the egle displaid
somme beare the same flienge, somme beare the rose wth ye stalke
& somme wthout, somme beare a horse aduaunsinge the right legge
and somme the lefte, somme wth a bridle, & somme wthout or such
like. The nomber of wch differences were here to longe to be
written.
In what sorte the combatt is to
be eschewed wth A defamed
person.
Ca. 28.
[072r] It Remaineth yet vndiscoursed yf a man may call a
slaunderer to combatt or not, as he, that calleth an other
his vassall or villaine, or that chardgeth an other to be a
Cowarde, for whose default the honnor of a campe was loste
or that he wrote intelligence to thennemie. In wch cases I
saye yf he that is slaundered cannot purge him selfe by witnes or
other proof, and so trie the accuser a lier, and likewise ye slaunde:
rer, cannot make proof of his slaunder, otherwise then by his
owne wordes, then maye they come to combatt, and he that is provo:
ked shall saye to the iniurer thow hast geven me such a slaunder
I will proue by fighte that I am innocent therof, and my sworde
shalbe my witnes in that case. The iniurer replieth I will
prove it vppon the witnes that whatsoever I saide it is
true, If he can accordinge to those wordes make triall then
the combat shall cease, because the same is allwaies for triall
of truth. But yf no such infamie or slaunder be founde true
before the Iudge then shall the parties proceede by libell &
circumstaunce to thende such slaunder be purged by iudgemente
& so he yt hath slaundered shalbe iudged the slaunderer & lier, &
as guiltie of the shame shall suffer the punishmente, provided
on that behalf. And he that by iudgement is purged of his honnor
maye lawfullie demaunde thexecution of the punishment vppon him
that is condemned. And on the contrarie parte yf the slaunder be pro:
ved vppon him that was slaundered, the slaunderer mayest him receave
punishmente, or yf before iudgement he repenteth, and will save him
from punishmente he maye doe it because the aucthoritie of the per:
son iniuried maye punish or pardon as semeth good. And this is the
resolution of this doubte. I was asked of a certeine noble gentle:
man, whether in this case it were lawfull to publish the offence of
him that is founde the iniurer. And I gave mine opinion he ought
not because the holie lawes denied that anye man sholde be iudge in
his owne cause, wch is also approued by Emperors, because triall
ought to consiste in thre persons, that is to saye the Plaintif
the defender & the Iudge, and gevinge a man aucthoritie to
Iudge in his owne cause, then ought the same be admitted to two
that is the Plaintif & defender, or els the assistaunce and ye
Iudge, and so iustice ever or never executed. ffor whensoever
anye man were towched he wolde desire to be Iudge in his owne
cause, so sholde the auntient possessions be spoyled & wasted &
at length become voyde of lawfull inheritors, So sholde wars
& no Iustice in Citties possesse welth. So sholde tiraunts in
steede of good governors oppresse widoes and fatherles children
[072v] burne & consume the Townes wth fire, as a mirror of such mys:
cheif we maye call to minde that Cursed Nero who for his
excedinge cruelties in Rome hath challenged the name of
Nero the Cruel, wch so longe as the worlde endureth shalbe odious
to all people as well Iewes and Sarasins as Christians, and this
his name proceedeth of his crueltie, the dyspizinge of Iustice &
oppressinge the People of Rome. whensoeuer any lawe or or:
der is made by a Iudge aucthorized & the truth founde, no triall
by sworde is admitted, and publication is vsed onlye, when a gent
refuseth the combat lawfullie offred. In conclusion therfore I
saye whensoever any Iudiciall acte is passed no combat can
ensue. yet the youthfull knights whose bloud boyleth in heate
and collor, doe commonlie refuze to have other Iudgement then
the sworde in thease cases of iniurie and slaunder. And the
lawe of armes in deede affirmeth that the sworde is the true
satisfaction of the wrongs, yet by mine aduise the same shalbe
perfourmed wth great discretion & Iudgemente, because of
dishonnor & damnation. Therfore I saye the Iudiciall order
ought in this to suffize, and as in other worldlie dyfferents
Iustice is receaved, so in this case it is not ever necessarie that
wth his owne hande a man doe come to thexequution therof.
In what mannor A man hauinge
an vnlaufull quarrell maie come
to combatt.
Ca. 29.
[073r] ffor the more spedie and perfect resolution of this case it
behoueth to recite the qualitie of the wordes wheruppon
the quarrell groweth betwext the Challenger & defender
for triall of iustice and honnor in armes. And hereuppon to
deliuer proffitable doctrine we will pceede to wager of battle
I saye therfore for the first quarrell yf a man doe call an other
traitor, who in deede hathe committed treason against his Prince
and his by him & his mercie pardoned, & restored to his honnor &
fame, yf notwthstandinge this pardon an other man doe likewise
call him traitor wthout anie iuste cause, but of purpose to offer
him iniurie I saye such iniurie is vndeserued and wrongfullie
laide vppon him, because the pardon of the Prince hath
purged his former offences. But yf the iniurer be desirous
that the combatt sholde proceede, then shall he saye thowe
hast bene a traitor to thy prince, and yf thowe denie it I
will proue it vppon the wth my sworde. likewise yf one
assaileth an other wth his sworde, and he that is assailed de:
fendeth him self wth a staffe & therewth geueth ye Bastanado
to him that vsed his sworde, yf he that recouereth it dooth saye, thowe
hast dishonorablie geuen me the Bastonado, against all reason
he sholde be thought to saye it. ffor who so assaileth an other to
geue him the Cortellato, and he in his defence bestoweth on him
the Bastonado, yet ought he not to think him self iniuried.
ffurther a man dooth chardge me that I am a bavde to my owne
wief. I answere it is not true and I am not privie of suche
adulterie, yf he fighteth wth me vppon this quarrell not having
proof of my privitie of such adulterie he sholde fight againste
iustice. Moreover yf thowe doe chardge me to have counterfeyted
money, I answere that the same is vntrue, because I never made
anye, yf thow will mainteine I am a counterfeitor of monye, &
not certeinlye knowinge I have doune it. I saye thy quarrell
is vniuste. In like mannor yf thowe call me traitor, for having
harbored a Rebell to the kinge, and I answere the same is
vntrue, But yf thowe doest continue the quarrell not
hable to prove it, or by other meanes knowe it, thow shalt
fight in an vniuste quarrell. Also yf thow call me
Bastarde, and I answere I am lawfullie borne, In this
case thow shall vniustlie fight yf of thy selfe thow knowe it
not. But yf vppon mine owne confession, such words be layed
[073v] to my chardge. As thowe didest confesse that as a Traitor
came stealinge into the gent castle deineng this to be true the
quarrell shalbe iuste. And therfore quarrells shalbe founded
vppon iustice & virtue, and where wordes be spoken both of
truth & falce, the vntrewe [?] wheruppon the quarrell
shall pceede, as yf I challinge the sayeng thowe hast broken
promise in not cominge to me vppon such a daye. I answere I
coulde not doe it, because I was letted by tempest or somme
other iuste excuze. Thow repliest that it is not true &
answeringe therto saye thow liest as a Traitor. lykewise
yf in fighte In this case thow may leve the cause of the
firste challenge & make an other sayenge, thowe arte no
traitor & offer to fight theruppon. likewise yf in fighte
one saith to the other defende thy self traitor, he that is
thus iniuried maye saye I will defende my self & fighte
wth thee yt I am no traitor. If also one saith my ffather
hath bene a traitor. I answere he lieth, he replieth sayenge
he conveighed ltres to thennemies, & beinge vntrue, my
quarrell is iuste. Thease examples are here indured for
the defence of iuste quarrells, I helpe of the false.
Finis Libri Sexti
[074r] [page blank]
[074v] The Seuenth
Booke, wherin is discoursed
Off what estate they ought to be yt
are permitted to come to combatt.
ca. primu.
The lawe Emperiall ordeyneth that no yeo:
man or common Person ought to come to
combatt for lief and death wth anye gentleman
neither shall anye man vse thexercise of armes for
Triumphe or triall of virtue yf he be not noble of bloude and
honnorable. ffor as in suche cases the equalitite of honnor or
estate is reguarded, so whensoeuer any rusticall persouns or
of vile condicion doe offer them selves, they are repulsed as
vnworthie to come to thexercise of armes, as a thinge meete
onlie for gentlemen & others of noble race. It is therfore
expedient first to vnderstand what thinge nobilitie is, and
whence it prcedeth, and what priviledges it hathe. On this
behalf to write according to the opinion of the morall Flo:
rentine Dante in a certeine exellent songe of his which
[075r] beginneth Le dolce rime d’amore solea truovar i mei pensieri
he speketh of an Emperor who saide that nobilitie is auntient
riches accompanied wth good customes. But Dant repro:
veth the opinion of this Emperor, saienge, that sith riches be
vile they cannot make a man noble, althouth percase they con:
tente the minde of man Bartholo saith that riches doe helpe
towardes nobilitie and magnificens, wch is assuredlie a virtue
whereuppon it may be concluded, that they maye helpe towards
nobilitie but not helpe to preserue it. One other auctho:
ritie affirmeth that the auntient virtue and good customes
doe make nobilitie. And theruppon Dante concludeth, that
of a vile or base father a gent cannot descende. It may be
presumed generallie men be either all noble, or els all vnno:
ble as was or first ffather Adam. ffor in the person of
one man nobilitie cannot begin. And other holde opinion yf
good customes and auntient riches maketh a man noble. But
the poett reproveth this opinion. yet Bartholo dooth allowe
it saienge, that of a base ffather, a noble sonne cannot des:
cende. But yf this sonne doth liue the space of twentie
yeares, continuenge his good customes, then he shalbe re:
puted noble. wheruppon the opinion growe firste, that who so
descended from a noble ffather or graundfather, sholde also
be reputed noble. yet the poet dooth disallowe, because it maye
be suppozed that, that ffather or graundfather were not
borne noble, And none are noble, but those yt discende from
Personns noble. Dant misliketh this opinion sayenge, that who
so receaveth nobilitie from his auncestors and dooth not keepe
it ought to be reproued. But Bartholo affirmeth that yf of
a noble ffather discendeth a virtuous sonne he shalbe noble, but
yf he be not virtuous, he shalbe dishonnored & not noble. he
saith further that a man may have nobilitie by nativitie
alleadging the the proverbs of Solomon, wch saye, that the ffathr
is the glorie of the Children. And the booke of Ecclesiasti:
co saith, happie is that lande, that hath a kinge descended
of a Royall race. Bartholo writeth that nobilitie of birth
continueth not longer then the thirde discente, and who so is
borne after the thirde degre is not noble. The poet Dant
thought otherwise, sayenge that wheresoever virtue was, ther
was also nobilitie, meaninge that virtue made a man happie
[075v] And concludeth that the minde wch God had predestined to felicitie
sholde allwaies doe good & become noble. Bartholo misliketh this opinion
because it might happen a slave to be virtuous, and therfore sholde he be:
come noble. And likewise might a villaine or rusticall man be noble
because perhapps he is virtuous. Innocentius saith, that is dignitie wch is re:
puted dignitie. Bartholo declareth that nobilitie, according to the opinion
of common people, resembleth the nobilitie of God, before whome they
be noble to whome God hath graunted his grace. So in the worlde
he is noble whome the Prince or lawe maketh noble. Bartholo
saith that nobilitie is a certeine grace or favour of the Prince
wherby a man semeth more noble then the reste of the honnest sorte
of common people. Nobilitie saith he is a qualitie that may be
or not, as we see in a noble woman, marienge her selfe to a man
of a base condicion becommeth dishonnorable, and a woman of base
sorte maried to a man of honnor becommeth honnorable. A man
that committeth anye heynous offence doth lose his nobilitie, as
an infidell gent beinge taken prisoner loseth his nobilitie. No
man can receive any dignitie from him self vnles the same be
geven him from others or his Prince. wheruppon Bartholo
concludeth that whom so ever the Prince accepteth is noble, &
shall so be reputed, and it suffizeth not to be only favoured of
the Prince a hundred yeares, but it is necessarie that the
Prince doe giue him somme dignitie or nobilitie, wherby he
maye differ from the common sorte, either makinge him a gent
expreslie or els placing him in office of dignitie, or givinge him
fee wherunto somme dignitie is annexed. Baldo is of opinion
that virtue & knowledge maketh a man noble, Also nobilitie
sholde be a dignitie by discente from the ffather & graundfather
In an other place he writeth that somme be noble virtuous &
Riche. It is also saide that virtue is not called nobilitie nor
riches alone. Somme thinke nobilitie beginneth in one, somme
suppoze it encreaseth and somme that of it self it is perfecte
concludinge a man may be noble in thre sorts. ffirst by nature
or linage wch is the opinion of the common sorte, next by virtue
according to the Philosophers. Thirdlie by nature & virtue
mixed wch is the perfect nobilitie, beinge furnished wth cour:
tesie & magnaminitie. And this naturall nobilitie re:
quireth good manners and honnest behaviour. Also it is to
be noted that there by iij estats of men, as firste they that
be called to great office and dignitie of fortune, the seconde be
they of meane condicion wch be gentlemen, wthout greate office
or dignitie. The thirde be such as be of the base & commun
[076r] sorte And the opinion of Bartholo is trewe but not generall be:
cause somme there are noble by discente from their predicessors, be:
inge noble though not from the Prince, who maye depriue them
of their nobilitie only for offence committed. Therfore I saye
who so descendeth from a noble ffather, shalbe also noble, though
percase the Prince dooth not giue him anie dignitie or honnor
And that is affirmed by the booke of wisedome saienge the
glorie of a man proceedeth of his ffathers honnor. Tullio
saithe that virtue ought allwaies to be ioyned wth nobilitie
ffor oftentimes of noble ffathers dishonnorable condicioned
children doe descende. Boetio therfore affirmeth that yf a
mans owne virtue dooth not make him noble, the nobilitie
of his ffather cannot doe it. And because a man is a rea:
sonable creature, he ought to be called a man for his owne
virtue and not for anie others, wch virtue yf he wanteth he
maye not be reputed reasonable nor noble. ffor wch reason, a
man of an obscure condicion & vicious cannot become noble by
the virtue of an other, but his owne, ioyned to the nature
of his ffather. Ouid saith that that virtue wch we have
not of ourselues cannot be called ours. And that childe which
descendeth of a noble ffather is presumed to be of good nature
And of this nobilitie of nature or kinde Bartholo speaketh not
but of that wch proceedeth of the Princes favour, and that
nobilitie of nature and race is the true nobilitie when the
same is accompanied wth good behaviour & virtuous manners
of wch naturall nobilitie proceedeth naturallie the virtue wch
is the ornament of nobilitie, wthout wch nobilitie cannot be
perfecte or true, because the naturall nobilitie proceeding of
noble seede wthout virtue or good customes, is not vnlike to
faire graine sowed vppon drie & barreine grounde, wch brin:
geth forth for the moste parte vnkinlie corne. Nobilitie can:
not be wthout a mixture of virtue. Therfore Ian Andrea
saith, The nobilitie of man is a certeine ofspringe of virtue
and nobilitie receaveth not fowle & dishonnest things. Nobi:
litie ought to bridle nature, and though there be diuers kinds
of nobilitie, yet that is the true nobilitie wch proceedeth of
nature ioyned wth virtue wch is cause of good nature. And
that Bartholo speaketh not of this nobilitie it is declared by
reason naturall, because God created all of nature genrally
or in spetialitie wth somme exellencie or goodnes & more perfecte
then an other, and more precious then an other, one noble & an other
[076v] vile, as we have somme stones be precious and more estemed then
the reste. And emongest precious stones there is difference
as somme be more or lesse oriente or bright, some be Saphires
somme diamondes of better or worse cullour, and as such as be of
cullour most cleere and orient are more estemed then the others.
So emonge Creatures liuinge we see the faulcon more estemed
then the kite, the tame goate more then the wilde, the herbe
more then the feilde grasse. And as in all kindes of naturall
things we perceive a certeine difference in estimacion, howe
much more ought there be emonge men? whence god hath gene:
rallie geven his grace, yet to somme more & to others lesse.
And as we see one stone for the virtue & brightnes desired
much more then the other of less bewtie, so emonge mortall
men, no doubte he is to be estemed most noble, that from a
noble ffather descendeth, beinge also of good nature mixed
wth virtue, and he that descendeth of base Parents is like
vnto the Rocke diamonde wch ingendreth vile & vnsightlie
diamonds, where others bringe foorth most perfecte stones
and good, wch reason because manie doe not consider, they thinke
there is no nobilitie of nature. ffor of somme one Race we
see all become men of virtue, stronge, valiaunt, & enclined na:
turallie to virtue and honnor. Off somme other though
we perceave the whole number dispozed to industrie, yet
all for proffit & vice. Nobilitie in deede is a certeine instinct
and inclination of a man towards virtuous things, for God des:
pizeth vices and tendreth all to well doinge, therfore I saye
that nobilitie is a virtue, and a noble man ought to have the
cardinall virtues, and cheiflie the virtue of fortitude, to
wthstand & repulse all vices, and suffer aduersitie. It is called
a virtue because it is the soule of the minde, and vanquisheth
vices liuinge directlie Tullio saith, they ought to be called
virtuous wch can conquere their owne affections being assailed
by manie vices. Therfore men of nobilitie ought to be of virtue
approued and experienced in commendable liffe otherwise
they are reputed vnnoble infamous and to be driven owte of the
presence of everie good & virtuous Prince as the lawe civil
ordeyneth. Noble men ought also to use the virtue of Iustice
Tullio saith, Iustice includeth religion, godlines, favour, re:
venge, duetie, & truth. Macrobious de Somnio Scipionis
writeth that Iustice ought to conteine in it seaven virtues of
integritie, wch be, Innocencye, affabilitie, concorde, love, religion
[077r] Mildnes and humanitie. But according to the lawiers, ther
are only thre parts of Iustice, To ouercome honnestlie
not to hurte an other, and to geve to everie one his owne. A
gent ought also to have the virtue of humanitie, wch is wise:
dome to governe him self and the multitude to him subiecte.
Also a gent ought to be indowed wth the virtue of fortitude
before remembred, wch hath also her preceptes, as to resiste his enne:
mies, to aduoyde feare, to be patient in aduersitie, to persever
in well doinge, and to have assured hope in the perfourmance of
harde & greate enterprises. This is the true magnanimitie
according to Tullio. Other parts of ffortitude there are, as
constancie, wch is put vnder manificens likewise courage
or manhoode, and as Aristotle writeth, fortitude teacheth in
what sorte to refraine anger in practize of warre, to temper
all passions, to vse victorie discreetlie, and to aduoyde the ig:
noraunce of perills, theas are to be ioyned wth the virtue of
temperaunce wch hath also her parts as bashfullnes and
honnestie. Also this temperaunce a gent aought to vse in ea:
tinge remembringe therwthall Chastitie and honneste
shamfastnes, he ought further to vse clemencie, and moderate
the mocions of Ire in revenginge, likewise wth modestie to
temper the corporall mocions. Temperaunce shall also
order thy gravitie, wherby is governed thy wordes talke &
communication. The virtue of fidelitie maye not be lackinge,
for triall wherof we be greatlie bounde. Gregorie saith, the
wordes of a gent sholde be as good as a pledge, for the per:
fourmaunce of that he promysed. A promise once passed
ought to be accompted as a thinge don. A gent shall also
be bountifull in plesuringe others, and generallie virtues
are by nature in all men noblie borne, as in Adam who had
virtue in his Creation. And to pceede according to the definiti:
on of nobilitie I saye that nobilitie desireth the things that
be honnest. And we saye also that he is honnest, that kepeth
thestate of honnor, who so hath not in him any parte of disho:
nestie, or abuseth not his honnor is also honnest. Also who
so hathe receaved anye rewarde of honnor is to be accompted
honnest, accordinge to Aristotle. But whatsoeuer is be:
stowed vppon a man vnhonest, cannot be called dignitie,
ffor wch reason the men of honestie ought to be preferred
to offices & honnor, & not to be bestowed vppon vile persouns.
[077v] A man hauinge only great aucthoritie shall not be called honneste
for he is honnest that is virtuous, and not vile nor abiecte. To
nobilitie there is likewise required honnestie wch is also a parte
of Iustice. Nobilitie ought to despize all vices as contraries to
virtue. ffirst as we have faith whose contrarie is infidelitie of God
blasphemie, & heresie wth such like. So are the vices contrary
to Nobilitie. Nobilitie is (as it were) not vile, but notable, yet
maye a notable man for infamie or anye other vice become noted
according to the opinion of Tullio, All men be reputed notable
and worthie, wch are men of integritie virtuous & of good fame
And therfore vices are contrarie to virtue, and in vsinge of
them we lose the dignitie gotten by virtue. The priviledges
of Nobilitie are also loste, by gevinge false witnes, for per:
iurie and other suche detestable offences. A gent is called
greate & good, and they of base condicion be estemed by contrarie
wordes. Vilitie obscureth nobilitie, and for Cowardice a gent
ought to be banished the Princes prescence, according to the
Civile lawe, a gent ought to be furnished of welthe & riches
not as the Philosopher meaneth but according to other aucthors
The lawe Ciuile & hollie scripture affirme, that pouertie
argueth a base and lowlie minde. Solomon saith that God
sendeth povertie vppon the howse of the wicked, the lawe affir:
meth that pouertie is the punishment of sinne, and warninge
to refraine evell doinge. Pouertie disableth the condicion of
man, and riches doe bewtifie nobilitie. Riches are the goodes
of all virtue & dignitie, wthout them charitie cannot be prac:
tized. The poore is releued by the welthie nobilitie, Poutie
maketh the nobleest man to be neglected, and the decretall
affirmeth, that the Prelatts wthout selth cannot profitt
others as a soule wthout a bodie. Cassiodoro writeth that Po:
vertie causeth great discommodities, for not beinge hable to
releive such as have neede. Solomon writeth in his Proverbs, yt
riches do gaine freinds, but from the poore all men stande
aloof. Constantino the Emperor to bewtifie his dignitie builded
manie pallacs. Tullio declareth that dignitie wthout pffitt can:
not continue. Riches do helpe good men and presrue virtue as
Ambrosio writeth, Augustino de ciuitate Dei saith ye riche
wise men be iuste & good, and the poore be allwaies cravinge
& covetous. Riches in a gent not beinge covetous are commenda:
ble so longe as he refraineth glotenie incontinence & other vices.
And accordinge to ye decretall, riches, nobilitie, honnor, & aucthoritie
[078r] be all alike. having thus ended the definition of nobilitie enforced
by this aucthoritie, we finde by the opinion of other doctors yt
Nobilitie is cause of nine things. ffirste of wisedome, wherin
consisteth the true nobilitie, as witnesseth the booke of wisedom, be:
cause the wise man is aboue ye iudgement stats & kings. ffor wch
reason the Iudgs are called most noble, and the lawes doe make
a man noble and reverenced of Princes, as the Ciuill lawe
saith. Cassiodoro saith, there is no fortune that can decrease
the noble knowledge of learninge. Also Solomon writeth
wisedome is better then all precious Ringes. Wheruppon the
lawiers are called greate, and ought not to be called of anie bro:
thers but lordes as the ciuile lawe willeth And Augusto Ce:
sare as Orotio Augustino writeth did before bid them to be
called Signori, as nobilitie proceedinge of virtue. The cheif
nobilitie before God as Salustio & Hieronimo affirme is to
be noted for virtue. And the virtuous worke doe make men
glorious in this lief. Seneca telleth that the true virtue
wthout nobilitie is nothinge but the operation of virtue in man
and this includeth the nobilitie wch pceedeth of good customes
wheruppon I saye that a man thorough vice chaungeth his
nature & becommeth vile, & virtue exalteth the nobilitie
of nature. Therfore who so is norne of a ffather noble by
office or dignitie, shall have in him the honnor of his fathers
birthe wch is nobilitie, and this nobilitie sometimes commeth
from the sonne to make the ffather noble, and the dignitie of
the sonne maketh the ffather to be estemed as Cato writeth
who became noble thorough his sonne, wch proveth that nobili:
tie of virtue is to be preferred. It is saide also a man may be
noble thorough the riches of his auncestors The lawe doothe
resemble honnor to great aboundaunce of welthe, wch maketh
the riche man honnored. Cassiodoro thinketh, a man is more
or lesse noble as he is more or lesse welthie. But this is
not the true nobilitie, for the worthines of money is not to
be compared wth true nobilitie, though perhapps riches doe
couer the imperfections of a man. Yet Ambrosio saith that
no man can be reputed worthie of honnor but only the riche
man, but the nobilitie and glorie of Riches is vaine, and virtue
is good & eternall. Liuio writeth that where wisedome &
welthe doe meete, that nobilitie is to be desired Ecclesiastico
reporteth that wisedome wth riches is the more proffitable
and who so trusteth in Riches thinkinge therby to have nobylitie
[078v] shall decaye. A man maye also be noble by reason of the place
where he was borne, as the decretall doe witnes. Somme
men are also reputed noble, because they are so called by com:
mon opinion, but this is no true nobilitie, because thease opinions
are not overtrue yet somme doctors doe saye that such as are
noble for knowledge virtue & good customes ought to be pre:
ferred before them that are noble by birthe & riches. Ian
Andrea writeth that nobilitie of nature is that wch fur:
nisheth the minde of man wth virtue. Somme have bene
noble by priviledge, and this is the nobilitie wch (as before
we saide) Bartholo dooth intreat of. But in noble men
of all sortes it is virtue that is their cheifest bewtie, and
vice that most dooth blemish their honnor. Theruppon
La pollitica saith, he is most noble who is good. Tullio wri:
teth that the virtuous man is to be preferred before his
auncestors, and that his beginnings in honnor is more worthy
memorie, because a mans owne virtue & good manners dooth
make him more noble then the acts of anie his auncestors
The beginner of nobilitie is more worthie commendacion
then such as shall succede, the virtue of suche as begin or are
preferred before the seconde or laste in nobilite wch remaine
as anexample. Boetio affirmeth that dignitie commeth tho:
roughe a mans owne virtue, and not virtue thorough dignitie
Nobilitie of nature dooth not make a man the more acceptable
to God, but his owne virtue. Salustio saith that noble men
in tymes paste were wonte to gaine their nobilitie by their
owne virtue. Valerio writeth of Gneo Scipiono sonne of
Affricano was as it were a monster respecting his fathers
life from whome he did degenerate. ffor wch reason he is
reputed most vile and base that descendeth of noble Parents
and seketh not to be equall wth them in virtue, wch virtue in
noble bloode ought to be greatlie fauoured. The true ornamt
of man is not the dignitie of his auncestors, nor the gorgy:
sousnes of his garments, but his virtue & good condicions.
Therfore the true nobilitie consisteth in knowledge virtue &
good customes, neither for the virtue or vices of a ffather
ought anie Childe to be praised nor dispized. Pollicrato wry:
teth that nobilitie is a singular & onlie virtue of noble
bloude, and a more commendable thinge it is to get nobilite
by a mans owne virtue then to loose that wch his auncestors
[079r] have gained Augistino writeth to Juliana a virtous woman sayenge
that nobilitie and riches of our auncestors is theirs & not owres
wch the lawe affirmeth saienge, the honnor we gett of our selues
is more ours, then that is lefte vs from our auncestors. So conse:
quentlie the nobilite gotten by ourselues is more worthie then that
descendeth by our Parents, wherof they onlie are to receive the
praise. The cheife nobilitie is that wch commeth by virtue, so
it must needes be more honnorable to become noble, by a mans
owne virtue, then by predicessors wthout thy virtue. whosoevr
is not borne noble, must be virtuous to attaine to nobilitie, and
yf nobilitie & virtue be not mixed, he cannot well be called no:
ble, wherfore who so is by his owne virtue noble he is most wor:
thie. By virtue of the aucthorities before alleadged we
may conclude that the sonnes of doctors in lawe liuinge in
virtuous liffe & good customes may come to fight wth men
noble by nature, and may not be refuzed, though their fathers
were not noble borne, seinge for knowledge & their owne
virtue they were moste noble. we have harde that yf A
doctor hath redd in skole by the space of twentie yeares
he sholde ba called Conts. The lawe doth priviledge suche
doctors as have well perfourmed their offices of aduocats
longe time, and gives them the title of Conts. Therfore
their sonnes maye be noble from their father as descended of
noble bloude, because the priuiledges of the ffather doe exte:
nde to the sonne. Andrea de Iserina saithe that the sonns
of doctors maye be called men of warre, though they vse not
that exercise, because their ffathers did traveill in knowledg
But Salustio writeth that a man of warre is he that for
the space of Twentie yeares hath wth glorie bene gene:
rall of an armie. And the sonns of doctors have their pri:
viledge geven them, diuers other priuiledges we have writ:
ten in our laten booke, thoughe certeine writers borne beyonde
the mounteines do affirme, that such as be called noble for
learninge are not noble in deede, because they are to seeke their
liuinge. But this opinion is not trewe, for theron followth
great absurditie. ffor such as vse the warrs by travell to seek
their breade, and take vppon them office wth small rewarde
or serue the Prince in Courte, doe it also for liuinge, and
sometimes do hazarde them selues in warrs or other placs
of perill onlie for breade. The lawe Emperiall wch firste
of all brought in the Priuiledgs of nobilitie by nature
[079v] did also induce nobilitie for knowledge, and theruppon gave infinit
Priuiledge to learned men as most noble. wch opinion yf it be
true, then it followth they be no lesse noble then others, who
are as it were bounde to their Lordes for their ffees. Though
in this case great disputacions be, who ought to take the wor:
thier place, yet hereof presentlie it is not meete to speake
more at lardge.
Whether two Emperors maye come
to personal Combatt or no.
Ca. 2.
One great and weightie question ariseth
whether an Emperor beinge deade, and the Electors
of the Empire doe happen to choose two newe Emperors, as ye
one choseth Alfonso of Spaine the other Ricardo duke of
Cornwall brother to the kinge of Englande whether in this
case they might come to combatt personallie. Like deuision was
in the kingdome of Bohemia, because the Church did choose
booth Lottario and also Corrado. we reade in the decretall
howe Alfonso consideringe the longe quiet and good obedience of
the empire, thought best to accorde wth Ricardo to trie wth him
in combatt wch of them sholde have thempire, wch accorde
made on either parte it came in question whether by right
& Iustice they might doe it, because the Pope and the
Electors wolde not consente to the Combatt wherfore towching
this doubte I saye that beinge vppon a time great warrs
betwext the Romaines and the Albanians because the
Albanians wolde not consent to submitt them selues to the
Empire of Rome. It was thought expediente, that for the
aduoyding the effusion of bloud in this different [?]
good meane were taken. And theruppon were chosen
thre Romaines all brothers, that sholde fight wth thre brothers
[080r] of Albania and they that coulde winne sholde commaund the na:
tion overcome. And it happened that the Romaines were vic:
torious, and the Albanians became subiecte to the Empire of
Rome, as it appeareth by a certeine auntient historie, in thende
of wch worke by this Example it may be saide that betwext
two Emperors 1 combatt shalbe admitted, and the rather because
at the firste the Empire was gotten by force of armes as Salustio
writeth. And the Emperors by armes have conquered the
worlde. Also the Iustice of kingedomes consisteth in armes
and a more lawfull thinge it is to obteine the Empire by armes
then by election, wch may be practized for money or freindshipps
so percase an vnworthie Emperor be chosen. But beinge pro:
voked and become victorious by armes he ought much the more
to be receaued for his magnanimitie wch semeth also to be
furthered by the devine iustice, the force wherof appeareth
cheiflie in combatt as before I saide. The Psalme saith, that
God hathe geuen the earth to the sonnes of man, and them
that can obteine it. Also God saide, the lande thowe treadest
wth thy foote shalbe thine, the Empire commeth from God and
fortune as in the next Chapiter shalbe declared. Baldo saith
it is not good that the worlde sholde be allwaies in Care and
tribulation, the fortune of battle is foreseene by God as the
lawe Ciuile affirmeth, and who so is overcome seemeth to
have renounced the Empire, and therfore to remaine to him
that gaineth the battle. This good also ariseth of combatt
that who so of them that is vnlawfulie chosen shalbe puni:
shed as vnlawfull. Yet in this case the Common lawe forbid:
deth the Combatt, and refirreth the matter to the Pope
or the electors. And because the weale of the Empire de:
pendeth vppon the Emperors life he ought not to fighte
personallie, wch reason seeth true, and confirmed in the booke
de bello Judaico and Quintiliano. Also Onessandro saith
an Emperor ought wth his wisedome and Councell fight
for the Empire and not by person. The Empire commeth
from God from whome pceedeth all powre and therfore
may not be hazarded vppon fortune but the pleasure of
God. Therfore receaving it from God, it ought not to
be aduentured.
[080v] Whether betwext an Emperor & kinge
there maye be place for combatt.
Ca. 3.
Ther happened in times paste great contro:
versie betwext a kinge and themperor for the king:
dome of Polonia and comminge to wager of battle
the saide kinge first challenged themperor, and offred to trie wth
sworde the kingedome to be his, not vnlike to Carlo Martelo
sonne to kinge Carlo the seconde, who pretendinge right to the
kingdome of hungarie by succession from his mother, wch was
deteind by an other Hungarian kinge. In thende they agre:
ed to come to cmobatt man to man. Carlo Martello was
then but younge & passed not the age of xxty yeares vn:
practized in armes but true heir to the kingdome. The
other was more in yeares and longe exercysed in armes, and
was therfore willinge inough to fight wth Martello. The
kinge of England beinge elected for Iudge, appointed the
feilde in a certeine Island of his where at the daye appoin:
ted they appeared. The Hungarian wth a small barke
arrived there firste, after came the kinge Carlo, and so
sone as he had set him self on lande, commaunded his ma:
riners to departe wth their ship. The Hungarian hea:
ringe those wordes saide, whie doe youe sende your shipp
home? Carlo answered, one of vs only shall remaine alive
therfore your barke shall suffize to carrie him awaye, &
yf I be victorious I wilbe transported in your ship. The
Hungarian beinge somwhat doubtfull of thease answeres
began the Comat, but Carlo Martello got the victorie
and slewe the Hungarian takinge from him his headpece
wch Carlo Martello goinge after into Hungarie woare
the same there, wch all his Successors also for their glorie
did likewise beare in armes, after wch time the kinge
Lanzislao requiringe to fight wth the Emperor person
for person was repulsed by the Emperor saienge he was
[081r] his Superior, and that that kinge was a subiecte to the
Empire, and therfore he his superior and ought not to
accept his Challendge. Notwthstandinge it came in question
whether the Emperor might thus lawfullie doe wherto it
might be alleadged that he might because the Emperor is
lorde of the world, and hath gouermnent aboue kings and
Princes. The kinge of Hungarie is subiecte to the
Emperor and the Emperor hath doble iurisdiction. he is
also kinge of Romaines, Emperor, and as it weare God
on earthe. Therfore ought he not to fight wth anye of lesse
estate. On the contrarie side because the dignitie of Em:
perors dooth not descende to the Children by inheritaunce as dooth
the kingedome therfore the kingedome is most worthie. But
this is to be vndrstoode of such a kinge as is not subiecte to the
Empire, and the Emperor pretendeth no gouernment to his
Patrimonie of somme other righte, for in that case he shall
fight as a kinge and not an Emperor. Also kings are of
greater continuaunce then Emperors, as it appeareth by Ro:
mulo, and Numa Pompilio, after Julio Cesare the Emperor
succeded the kings. The holie scripture dooth commaund
vs to be obedient to kings that be monarks in their kingdoms
and therfore in cause of honnor they maye fight wth Emperors
But in case of iniurie, of office Emperiall of faithe or
ecclesiasticall lands where the Emperor is Superior
they maye not come to combatt wth themperor.
Whether betwixt two kinges con:
tendinge for one kingdome there be
place of combatt.
Ca. 4.
[081v] Two kinges beinge ennemies and contendinge for
a kingdome doe either of them make warre vppon the
other, and the one gouerninge in one parte and the other in the reste
at length moued wth pittie for savinge the multitude one of them
sendeth defiaunce and wager of battle, that who so can in personall
battle vanquish the other he shall continue lawfull kinge of all
The question is whether they maye in this case doe so or not? And
it semeth for sondrie reasons yt may be. The decretall saith that
battles be permitted for the obteyninge of peace and quetnes
Princes as erst we saide did winne their kingdomes by armes
and great dignitie are not to be devided in parts Also Realmes
be not devideable by reason of the multitude wch ought to be go:
verned by one and not by manie. The Philosopher writeth
that one only Prince sholde governe, because the diuersities of
Princes is evell, one ruler alone suffizeth as we see amonge the
Bees likewise the Cranes & other beasts wch are by one led
and guided. Therfore it is expedient a Prince shold be ap:
pointed, and the right of gouernment and lordship consisteth
in armes, whensoever there wanteth a superior that can remove
the cause of warre. ffor yf anye such be, yt shall be lawfull
for him by force of armes to doe Iustice to all others. Such
as by armes shalbe victorious ought to possesse the kingdome
the libell and the sworde. The Emperor saide that armes
ruled before the lawes, and that before the buildinge of Rome
the people had a kinge but no lawe, also kingdomes were not
subiect to lawes but to the sworde. The powre of lawe &
armes be equall & kingdomes ought to be gained by armes
and by force of them all dominions have bene conquered
and fewe by sentence or Iudgemt. God & fortune doe shewe
their powres in gouernment Augustino saith that kingdomes
were ordeyned by the providence of God. The lawe affir:
meth that the lawe iudiciall and warrs exequuted by
armes are all alike. wherfore it is necessarie, that whatso:
ever cannot be determined by lawe sholde be ended by battle
This is declared by aucthoritie of auntient writers. ffirst
by kinge Dauid who fought wth Golias, and kinge Saule,
And by the Romaines wch vsed particular battle in triall who
ought to governe the Empire as is before recited. Likewise
[082r] did kinge Holofernes Also as we tolde ye of kinge Carlo
wth the kinge of Hungarie, and kinge Carlo againe wth
kinge Pietro of Arragon. And in our age the kinge Alfon:
so came to wage his battle wth kinge Raniere wthout effect
And likewise in thease daies the kinge of Spaine hath by
lres provoked the kinge of Portugall to come to combatt
personallie. The triall of differences of all dominions &
Potentats are perfourmed by the sworde. ffor wch purpose
was elected the discipline of warre, wch otherwise were
to no purpose. Also in heaven there hath bene warrs
betwene the Aungells and devells for the Empire of the
worlde, wch Lucifer sought to vsurpe. The lawiers write
that yf a kingdome were holden of the Romaine churche
there might no combat be permitted wthout the Popes licence
who as we saide before licenced kinge Piero and kinge Carlo
to come to combat, sayenge that yg the Subiects wolde no
consent the Prince might not come to combat in their pre:
iudice. lykewise where as the kinge havinge one only sonne
he may not accept personall battle to his hinderaunce, neither
maie he doe it in the preiudice of his other heire or successors
A Prince ought not to sell or alien his kingdome or state
It is also saide that a kinge cannot resigne his kingdome in
preiudice of his Subiects and common weale. And that
kinge that in such magger sholde enter into the kingdome
sholde be a Tiraunt. Therfore for not puttinge the
vniuersall estate of a kingdome in perill of fortune a
kinge ought not to fight in person but giue councell &
courage to his soldiers who maye the rather wth mag:
nanimitie and wisedome perfourme all martiall exploitts
wch shalbe a greater pffitt to the common weale then to
fight in person, because for seinge everie inconveniente
that maye happen to the whole armie and his owne weale
it suffizeth. But whensoeuer Princes come to battle
personallie, then he that happeneth to vanquish his
ennemie, shall have the kingdome by order in armes and
deuine providence, by all Iustice righte wherof in
the latine tounge we have written more at lardge.
[082v] Whether A kinge crowned maye
challengea kinge vncrowned or
no. Ca. 5.
Heer followth a Question of two kings
who vppon title to one kingdome doe offer to
fighte in person, the one happelie saith to his ad:
versarie. I am a kinge crowned and thowe vncrowned an
vsurper and Tiraunte, wherfore thow oughtest not to fight
wth me. A certeine olde souldier of this Realme and well
practized in armes saide, that yf two kinges wolde come to com:
bat for this kingdome of Sicilia, that in that case no combat
were to be permitted, because the one of them only was invested
& the other not. But for resolution of this doubte I saye
that the Christian kings be in nomber fowreteene. Of wch
nomber fowre onlye were crowned by the Pope, that is
to saye the kinge of Fraunce, the kinge of Jerusalem,
the kinge of Sicilia, & the kinge of Englande. The
others obserue their customes and somme are crowned by
Prelatts. And the crowne in tholde testament was geven to
kings by the name of Diadema, wch was made of golde beset
wth manie precious stones as it is written in the seconde
booke of the kings ca xij. This crowne geveth to kings no
newe dignitie, and is a signe royall, but yet maketh not a kinge.
It signifieth sufficiencie of powre and great honnor. Seneca
saith, the crowne is not of such nercessitie [sic] but that wthout
it a kinge may be. ffor kings are in their royall estate for
their virtue, and ought therin to persever, so as they maye governe
them selves and their people. Therfore the crowne aug:
menteth not the Royall dignitie, neither have the kings crowned
other powre then vncrowned, because the Crowne is geven
to kings in token they are victorious, whose virtue ought to
serue as precious stones, set vppon their crownes wthout vice
or deceit. This crowne is geven to kings fora gravitie in
[083r] honnor of their virtue, in signe of his vnspotted life & worthines of
his wisdome. The Philosopher saith he ought to be preferred be:
fore all subiects. The Romaines gave a Crowne to manie soldiers
and worthie gent, that were no kings, and gave a crowne of golde
especiallie to them that were victorious & fought man to man
& in that fight became victorious. In the olde testament the
crowne of golde was geven to Qweenes, a crowne of olife
was geuen to such as procured triumphe and were not in battle,
a Crowne of golde was geven to him that entred firste vpon
the face of his ennemie, other badges were allotted to a generall yt
rescued a Campe beinge besett. Allso the shipp was
geven to him that first borded the ship of his ennemie
The Crowne lawrell was allotted to Poetts, and to
Consulls triumphinge as saith Valerio. wheruppon it
is concluded that a kinge vncrowned maye challenge a kinge
crowned, because the Crowne alone maketh not a kinge
but is his signe honnor and token of virtue, wch ought to
be ioyned wth his powre. But yf te Challinger be a
Tiraunte, and claimeth the kingdome against iustice &
righte he may be refuzed by a kinge in whome rightfull
title is. And shall saye thowe prouokest me tyrauni:
callie and against Iustice. I meane not to hazard my
right wth thee.
Whether an Earle that is an
absolute Prince, maie be challen:
ged by an Earle that is a Subiect
Ca. 6.
[083v] Iff an Earle beinge free and not acknowledging
any Superior by Priuiledge antiquitie or auntient
custome, and holdeth place of a Prince at his will go:
verninge royallie, doe happen to challenge by wager of battle
any duke marquise or Prince subiect to somme kinge, whe:
ther they by reason of any titles beinge called dukes marqui:
ses or Princes may refuse the Challenge or not? ffor reso:
lucion of this doubte yowe shall vnderstande, that (as the Ci:
vile lawe saith) those yt in this age are entitled duke, were
auntientlie called Tribuni who weare leaders of themper:
iall armie and weare teachers & instructers in the warrs
as Valerio writeth. Their offices were to leade & traine
the souldiers, and be at this daye called cheif capteines cheif
cunstables or generalls havinge aucthoritie to take truce
or interim. Yet may they not confederate wth enie Prince
or conclude peace wthout licence of their owne soueraign
Liuio ab Vrbe condita ca. 9. writeth that a confede:
racie made by a Councell wthout licence of a Senate
was revoked. Thease dukes were nexte in place to kings
because they were Princes of the warrs, and were auc:
thorized wth a sworde of golde in their hands to governe
the armies, as Salustiuo in Iugurthino writeth, who
speaketh of Metello and Mario, who were in that office
wth full authoritie to commaunde the Centurioni, and as
Quintiliano writeth they had somme aucthoritie imperiall
It was lawfull for them to fight wth all duke marqui:
ses or Princes beinge Subiects, and havinge governmt
in the warrs. And such dukes as had commission but
not in the armie imperiall, & that were not free might
not fight wth an Earle who in his contrie helde the place
of a Prince or a kinge havinge royall aucthoritie, acknow:
ledginge only God for his superiour, & having the sword
& supreme powre no whit differinge in aucthoritie from
a kinge. And such Earles as are subiectes to a kinge or
the Empire, are called Earles that ought continuallie to
be in feilde for their kinge in seruice wch was the place
where Princes did celebrate their councells, either els
are they called Counts of the Princes cowrte wch is called
[084r] Comiato. This is a name geven them by the Prince, &
this dignitie ought to be furnished wth manie virtues
because they are the Princes Companions, they shold be
men of great honnor. And such as are not virtuous shold
be banished the Cowrte & companie of all good Princes
ffor the lawe saithe that infamous men cannot enter into
the Courte of Princes nor dwell neare to their pallace
Neither sholde vnworthie men haue such dignitie. In the
Romaines time the Consulls of Rome were called
Conti, the provizories of the armie that were capteines
were likewise called Conti & all Marquizes are of
greater estate then Earles that are not free. yet in fraunce
& Almanie the Earles are more honnorable then the
Marquises. In the olde testament we finde the aucthoritie
of Contes was greate. ffor as before I saide they were
Princes of the warre, as the dukes are nowe, they are
also companions to the kinge, as it is written in the booke
of kinges. Li. 2. ca. xx where Iacob was a Conte and
companion to kinge Dauid and gouernor of his armie. Such
as ought to be companions to a kinge in the warrs sholde be
called Earles. Those Earles wch were of the Princes
councell they called them Proconsuli, and such Earles as
were of Councell wth themperor or wth anie kinge were
called Illustri. There were also somme Earles whose
offices were to take care of themperors diett, and some
of his stable, and somme also yt gouerned the order
wthin the pallace Emperiall. Of thease somme
were more worthie then others as they wch gou’ned
the armies in Contries beyond the seaes had the firste
place, and were like to Proconsuli. when anye of this
sorte came into the Councell imperiall, those councellors
that were set ought to stand up, & doe them honnor
At this present the Capteines generall of armies
haue this office, and are equall to all dukes that go:
verne in Provinces and Citties as the duks of this
kingdome that be gouernors of Citties. Such as gouer:
ned Prouinces were also called Conte as the Conte of
Romagna in Italie. Somme Earles there are onlye
by name and title as the Count Palatini but suche
[084v] oughte not to be so called because they have none aucthoritie or
gouernmente, and maye be refuzed to fighte wth anye Earle
or duke. Amonge Subiects the Princes ought to have
place nexte the Emperor, the seconde place apperteineth
to dukes, the thirde to Marquises the fourth to Earles, &
everie one of thease beinge officers in the Empire may fight
wth dukes and all other great lordes because they be their
Equalls. likewise all cheif officers of a kinges howse maye
fight wth anie duke, Marquise or Earle that is their equall
in Councell & companie wth the person imperiall. This
difference is made according to the lawe Ciuile, wch comman:
deth equalitie and fittnes in personall combatt, Also we
have alredie declared that an Earle may geve his champion
to any challinger beinge his inferior yet we finde by the or:
ders in armes and iudgements in Chevalrie, that yf an Earle
be wronged or chardged by a duke for breache of faithe
or other great offence, wherby his honnor or fame is tow:
ched, the Earle maye in this case provoke a Prince a
duke or Marquis, who not answeringe in Combatt shalbe
reputed dihonnored. The lawe saith that he that este:
meth not his honnor and fame is a traitor to him self &
ought to be constreined to fight & defende his owne honor
An Earle in this case may fighte wth anie honnorable
man, and ought to be answered in person, and as I saide
in the booke of Champions, an Earle maye fighte by
Champion when he were challinged of a simple gent or
souldier (allwaies exceptinge the case of infidelitie
against his vassall. But whensoever he be provoked
by anie man of equall estate or office to him self he ought
to fight in Person. The like I saye of any Prince
beinge Subiecte because they be equall of dignitie
Iurisdiction & aucthoritie. And though it semeth yt
Princes because they have the firste place, sholde be
moste worthie, yet is there no difference betwexte a
Prince and a duke, but only the name & title, for eithr
of them be Barons. And albeit the name of a Prince
ys sometimes vsed for Emperor or a kinge, yet a Prince
not free or a subiecte is but equall to dukes as in the
next Chapiter shall appeare.
[085r] Whether a gentleman by birthe maye
challenge an Earle or Baron.
Ca. 7.
A man beinge borne a gent by nature
and by discente of fowre degrees, findinge him selfe
wronged or iniuried by an Earle or Baron dooth challenge
him to combatt, who dooth not accept the challenge, sayenge I
am an Earle wth title of Earledome, and thowe arte but a
privat gent, I will not therfore contende wth thee nor
make the my equall. In this case it hath bene doubted
whether the Earle might refuze such challenge or not
or whether he might answere him by Champion? Gentlemen
borne, noble by nature affirme they are not to be refuzed
of anye other gent or Earle, and that the respecte of
their dignities is no cause sufficient to aduoide combatt
The herehaults & other officers in armes doe saye yt
a gent by birthe may not be refuzed of anie Earle duke
or other lorde. This opinion is confirmed by all soldiers.
The lawiers affirme that nobilitie by nature & virtue
is more firme then dignitie, because that dignitie is geven
or taken awaye as a garment, but nobilitie endureth for
ever as Mr Baldo writeth. dignitie is accidentall, but
nobilitie is naturall from the auncestors & birthe. Also
Nobilitie groweth not in one moment, but consisteth in the
virtue of manie noble auncestors. It is therfore saide no:
bilitie is more firme then dignitie, wch hath no roote, and no:
bilitie is not easelie geven or remoued, because of it self it is
naturallie constante & perpetuall vnles for great offence
but dignitie is casuall. The wise man saithe, that a fathers
glorie is the honnor of the sonne, and dignitie maketh a
man only noble, but virtue & nobilitie are to be preferred
before dignitie, The booke of Ecclesiastico saith that
wisedome aduaunseth the wise man aboue the Princs
of Citties, and in wisedome is nobilitie knowne according to
[085v] Boetio the nobilitie for virtue, is to be preferred to nobilitie by dignitie
because nobilitie is a speciall token of honnor, wch becommeth kings
and such as seeke to aspire to great aucthoritie. Ecclesiastico saithe
happie is that lande that hath a kinge wch is noble, that is a kinge
borne of royall race. I saye there is no office dignitie honnor
or other exellencie that dooth excell nobilitie ioyned wth virtue
There is nothinge aboue nobilitie, because the Emperor is
not more then noble, and most noble neither is a kinge other
then noble. The Pope was wonte to write to kings by
the name of noble men. The lawe Ciuile saith, that
noble men are chosen for officers. Thease temporall no:
bilities are instituted by God as Bartholo writeth allea:
ginge the booke of kings, this nobilitie is the waye to all
dignitie. Somme saye that Earles and Barons are noble
because they gouerne vassalls booth noble and vnnoble This
reason holdeth not because the Earles have this nobilitie
from the Prince, and the gent hath his by nature & his
owne virtue. Such as are of this opinion doe alleadge
the booke of Phendi wch saith a man that is not a knight
maye not fight wth an other knighte, neyther maye anie rusticall
man fight wth a gent, and so enduringe, an Earle gouerninge anye
contrie, makinge gent, and giuinge them fee of nobilitie by auctho:
ritie Royall giuen him from the kinge, beinge as it were his com:
panion, ought not as it semeth, in preiudice of the state & common
weale, aduenture his person to dishonnor or deathe, seinge his per:
son is a bodie publique & minister of his common weale, as in speaking
of Emperors we have before declared & will declare hereafter,
such dignitie offended hindereth the whole common weale & priuat
causes maye not be respected, in the preiudice of the common weale
It shall therfore be permitted, that the Earle maye appointe somme
priuate gent for his Champion as his equall that maketh the
Challenge. ffor men set in aucthoritie have manie priviledges, as
speciallie such as have aucthoritie to iudge in Criminall causes, before
whome other priuat persons shall appeare personallie. Noble
men in such aucthoritie are not offred any torture vnles it be in
moste hainous offences, & combatt as before I saide is for triall
of truth & virtue. Also men of great dignitie cannot be im:
prisouned no iudged but by their Peeres & equalls, and we have
alredie saide that accordinge to the lawe Ciuile, and the lawe
of Lombardie Earles maye fighte by Champion vnles in
cases of infidelitie, committed against their vassalls. But I
thinke at this daye by Iudgement of armes, that lawes
[086r] Are not obserued, and that an Earle havinge iniuried a gent
by discent of the fowrth degree in gentrie, maye not refuze
to fight wth him in person, for the reason firste alleaged, be:
cause this gent maye saye, I take no regarde of thy dignitie
but of mine honnor, and I doe not defie the as an Earle, but as
a gent. I challenge not thy dignitie wch is for equalls, but
thowe arte more bounde to obserue the lawe of armes, and thine
honnor, then thy dignitie as Earle, wch dignitie is lost by infa:
mie as is beforesaid. And sithe combat is a feate of armes
an Earle cannot escape it, because it is his office to exercyse mar:
tiall feats & defende his owne honnor. Also beinge companion to
the kinge, it is his duetie to accompanie him, cheiflie in the warrs
and by traininge of soldiers, and valiaunt enterprizes to gaine
him self renowne and fame, for otherwise he shalbe accompted
most vile and cowardlie, and the lawe saith that whosoever
estemeth not his fame, is a traitor to him selfe. Angelo di Peru:
gia writeth that a gent that shonneth the combat when neede
requireth dooth incurre great infamie emonge gentlemen of
all degrees. whosoever is forced by feare to promise that he
will not fighte maye breake his promyse. likewise when he
is vppon other occasion constreined to make such promise contra:
rye to his honnor, he maye revoke it, because in necessarie rules
he is bounde to performe the parte of a soldier, otherwise he
committeth offence against the martiall discipline. Therfore
an Earle cannot refuze to fighte wth a gent by nature, because
the lawe of armes dooth so binde him. yet the lawe dothe per:
mitt him to appointe his Champion, so he be a gent, vnlet the
quarrell be towchinge treason towardes the kinge or contrie
or that it be for murder or infidelitie towardes his vassall. In
wch cases he maye not refuze to fighte in person, yf age or his
evell disposition of bodie doe not excuze him.
[086v] Whether A captaine Generall beinge
challinged by a gentleman ought to
answere or not.
Ca. 8.
Iff a gent dooth happen to challenge a duke or
other generall Capteine of an Armie Emperiall or royall
the question is whether he be bounde to accept his challenge
or not? Wherto it is answered yt he sholde not, because ye armye
ought not to be wthout the generall. And that generall
wch [space] battle or leaveth his chardge wthout licence of
his Superiour, incurreth the daunger to loose his head. And
this is also to obserued [sic] in an officer wthin a Cittie or common weale
beseged wth ennemies because no place ought to remaine wthout a
director, for aduoydinge of perill to the common weale.
Ioseph de bello Iudaico saith that an Emperor ought not to fight
in person, for aduoyding the vniuersall daunger. Onessandro
telleth that an Emperor ought to fight more wth valiaunt
incouragement and councell then wth his person. he shall also
refraine from fighte particular, as before speakinge of combat
betwene Emperors it hathe bene recited. If therfore a generall
be challenged, who hath his office for ever, yt shalbe lawfull for
him to appointe his Champion. But yf he be an officer for
a time, then the combat shalbe deferred, till his office be deter:
mined, because the lawe willeth him first to perfourme the
necessitie of his office, and after to attende his owne doinges
otherwise he shall obteine licence to doe it. ffor the lawe
saithe, that who so before the ende of his office dooth leave it
he incurreth great punishmente. whensoever a Capteine
is not distressed or beseiged, nor that his person is the perill
of the vniuersall nomber, then is it reason, he doe fighte to
saue his honnor, and perfourme that parte of a soldier.
But when the Prince is absente, in other enterprises,
sicke, or taken prisoner, then are all officers excused of
combatt, nor maye appeare wthout speciall leave from the
Prince, till the necessitie be paste. And this is great
reason, because a Cittie beinge beseiged, it may be thennemie
[087r] will challenge the gouernor to fighte wth him in person or other:
wise, & so maye happlie vanquish or kill him, wch may be the
losse of the Cittie, and so others will vse this order to win the
townes beseiged. The like I saye of ambassadors, who beinge
challenged by any man to wager of battle, they are not bounde
to fight duringe their ambassade. we reade of Scipio the
African, capteine of the Romaines, of Mario and Mar:
co Antonio consulls in Rome, who beinge challenged, refu:
zed to fighte, as yowe shall perceave in one other chapter.
Whether A gentleman by birthe
maye refuze an olde Souldier in
Combatt or no.
Ca. 9.
A gent borne beinge Challenged by an olde soldier
but no fent to fight, either of them beinge in seruice of the warrs
The gent refuzeth the Challenge saienge the Challinger is no gent
nor his equall and therfore he will not contende wth him. The
Souldier answereth I will not dispute wth thee of thinge aunce:
stors, but I desire to fight for such a Cause concerninge mine
honestie, and therin to prove thy manhood for the wronge offred
The gent replieth, thy ffather was a vile & rusticall
man, goe therfore & finde owt thine equall. I am noble
havinge receaved honnor in armes answereth the soldier
therfore thowe maye not refuze me. In the exercise of
Armes, manhood experience, and force be reguarded, &
not nobilitie nor delicacie. The man is not commended
for the virtue of his auncestors, but his owne deserts
in Continuenge the same. The gent answereth, God hath
created thee of a base birthe, and hath made me noble I
meane not therfore to decaye that wch God hath made, nor
hinder the worke of nature. The Souldier replieth
Thy excuse is like a woman or a Coward, and I receave
[087v] more honnor for mine owne virtue, then thow by the virtue of all thy
auncestors, from whose nobilitie thowe doost degenerate. I will there:
fore proceede against thee to thy infamie & shame, that seekest to shame
the duetie of a souldier, for thow art but a Souldier & even so am I.
Therfore beinge equall in this profession, we are equall & may not
be refuzed. Thease reasons on either side considered by the reader
it is to be iudged by sentence of Chevalrie, whether this gent by
nature may refuze to fighte wth this soldier, beinge descended
from a base ffather, longe practized in armes, & commended for his
virtue and honnestie In wch case I saye he maye not be re:
fuzed, because in martiall discipline virtue is no lesse regar:
ded then nature as before in the firste Chapter it is declared
that longe exercyse of armes maketh a man a good soldier and not
Idlenes or delicacye. But vse maketh a gent valiaunt, &
naturallie he is predestined and called to warrs, wherin only
nature avayleth not, because he muste be practized & vsed to
that exercise, And nobilitie nourished in Idlenes voyde of
martiall skill is not commended. Therfore he is noble who
is so made by his Auncestors, as we shall hereafter pceave
The lawe Ciuile saith, that soldiers armed and discipline
of warre were before the lawe of nobilitie, Also thexercise
of armes wch cheiflie is vsed of nobilitie, hath most respect
to courage & martiall virtue, and regardeth not nobilitie
naturall. It allowth the nobilitie of minde, and that vir:
tue wch becommeth a soldier. This is proved by the lawe Em:
periall, wch commaundeth that a bonde man beinge virtuous
and valiaunt in armes sholde by the Prince be aduaunced
to the nomber of gent in the Campe, yea though he were
borne vile & obscure, and whosoever is Challenged though he
he [sic] be vnmeete, yet beinge practized in armes shalbe reputed
a good soldier, as one emonge the reste. Because the vse
of armes dooth so make him beinge instructed in skill know:
ledge and martiall wisedome, wch nobilitie of nature alone
dooth not. ffor thease reasons a soldier is reputed hable
worthie & approved to thexercise of armes wch geveth no:
bilitie, and maketh them noble that are trained therin Tullio
saithe the praise that Scipio for his virtue deserued, is nowe
to be geven to such as vse thexercise of armes. The com:
mon lawe dooth call him noble that hath longe practized
armes. The lawe also affirmeth that the warrs geveth
[088r] honnor. And they yt are in defence of the common weale & con:
tinuallie in armes have a dignitie as a deserte most honnorable as
it appeareth by manie examples and cheiflie of the Romaines
who refuzed no death for their contrie.Vigetio de re militare
saith that soldiers are to be rewarded wth honnor, as men more
worthie then such as continue in Idlenes voide of that virtue &
such like. Soldiers are allowed manie priviledges in all books of
lawe, wch gent only by their birthe have not vnles they have
exercised armes. The exercise of armes is of such exellencie
as none but gent borne are compelled to make profession therof
wch nobilitie, the rurall sorte may by longe practize in warrs
attaine vnto, but otherwise they are refuzed, and shall growe to
nobilite by degrees, from time to time aduaunsinge them selues
first from lacqueis to seruaunts, after to weare armour, & so becom
men at armes, to whom shalbe geven armours weapon and horse
ffor his former virtue approued, he shall have chardge of others
and conducte. Then shall they weare a Cimero in their helmetts
in signe of honnor, therwthall they are crowned and marked in to:
ken of their virtue, they are also made noble and placed emongest
the greater nomber of men at armes. And for such virtue
shall the vilitie of their forefathers be wiped owte, and they be:
come noble, because they are in office to defende the common weale
and companions to Princes, who allwaies doe call soldiers
companions in armes. The honnor of armes is so great, yt
themperor is called a man at armes or a knight. The honnor
of armes is so great also, that an Emperor kinge or Prince
that hath the hiest degree in honnor, the more worthie he be in
this exercise, the more he is reputed worthie his Empire king:
dome or governmnete, ffrom them doe pceede all worldlie dignities
as Rivers from the Seae, and as manie rivers met together
maketh a Seae, so honnor ioyned to honnor maketh a man most
noble. All dignities & honnor ought to be for virtue, & not
nobilitie alone, wch is approued in kinge Dauid and kinge
Saule who were shepherdes & after for their virtue became
kings. And yf they had not bene geven to virtue martiall
God wolde not have them appointed for kings. Auntient
soldiers by the Ciuile lawe sholde be entreated as gent, & for
offence committed in the warrs, sholde be punished as gentlemen
& not as common men. In time of peace, beinge olde soldiers
they maye not be emploied in any vile seruis, but intreated as
gent, and (as the lawe willeth) honnored accordinglie. Bartho:
lo saith that a man of base birth havinge serued in the warrs
[088v] duringe the space of tenne yeares, and liuinge virtuouslie ought to be
a gent. Therfore I saye that lawfullie wthout repulse, he maye
fight wth anye gent of nature or birth because he is of equall
nobilitie, speciallie duringe the time they are in thexercise of
armes together And of this nobilitie, besides that alredie
recited we shall more at lardge hereafter intreate.
Of thexellencie of Armes
Ca. 10.
The lawe Ciuile saithe, that as dignitie is the
rewarde of virtue to all men, so infamie is general:
lie dispyzed, & speciallie in armes, wch God gave at
the beginninge for the preseruation of Iustice, for the obedi:
ence of subiects, for augmentacion of the worldlie empire of
God, for the punishment of the prowde & rebellious, for the
conseruation of peace & tranquilitie, for the oppression of tyrants
& such as are dispozed to oppresse others. All wch are governed
by the valiaunce and travell of men of warre, wth the powre
of people appointed by God. ffirst in the first age, we see howe
by libell & battle God suffred kinge Dauid to fight wth Golias
and kill him, he also for the Cawses aboue saide, permitteth the vse of
armes, and for to incurrage men therto giue infinite priviledges to such
as wolde applie them selues to that exercise, & punishing those
souldiers that solde their weopon or armour, or that converted
them to other vses rurall, as to make plowes or mattocks, men
infamous, villaines, labourers, artisans or others of evell or
base condicion maye not weare armes. They are for men of
Nobilitie virtue & good fame, who shall sweare to defende
the common weale and to hazard death. In the profession of
armes there is great Religion thorough the precepts of virtue
& solemnitie of others, who so therfore is not sufficientlie armed
& furnished to fighte wth thennemie at time convenient, is
to be reproved & banished the armie. Therfore the lawe spe:
kinge of Phendi willeth that a soldier beinge from his auncestors
discended noble maye not fighte wth a gentleman that is not
his equall borne. But this is not in vse by the discipline of
[089r] Armes. Also a villaine cannot challenge a gent or man at
armes, yet a man at armes maye fighte wth a gentleman
whome the Prince hath geven that honnor. likewise a good
soldier, virtuous & longe practized in armes maye not be re:
fuzed to fight wth a gent borne, in quarrell of his honnor, or
yf the gent dooth Challenge him he cannot after refuze to per:
fourme his Challendge. Also a gent of birthe or other so ad:
mitted for his seruis in armes & virtue, beinge towched in
honnor or fame maye saye to anye great lorde. I will prove
wth my sworde thow hast done me wronge, and vniustlie char:
ged me, wch wordes shall binde the lorde not to refuze to
fighte wth him in person, or at the leaste to appointe an
equall champion to fight wth him vppon this quarrell
Otherwise he shall remaine dishonnored, and before him Em:
peror Prince or kinge condemned for vile & cowardlie, be:
cause a man beinge once a gent, may thorough the exellencye
of his nobilitie and virtue in armes attaine to any dignitie
Emperiall Royall or Princelie. ffor every Prince or
duke besides his dignitie is but a gent, either by nature
or martiall virtue. And everie gent maye hope to attaine
to any dignitie yf god and good fortune doe so favour him
And because everie person shall not take vppon him to be
equall, maye not fighte wth a gent, for not ablinge him self Baldo saithe that a man of
to be of equall estate wth him
base condicion may not fighte wth a gent, for not abling him
self to be of equall estate wth him, therfore all infamous
persouns are disallowed to fight in person wth a gent. Evell
lyffe maye not aduaunce a man to that he is vnworthie of
nor make him equall to a gent. Salustio saith that who
so contendeth wth a vile and miserable man shall become
like vnto him. The lawe of Lumbardio willeth that
men noted for their infamie vice & evell liffe shall not
be harde in Ciuile Iudgement. They are also refuzed
in iudgement of armes for their vile liuinge. ffor advo:
catts doe fighte wth learninge and wordes, and Soldiers wth
ther armour and sworde. And so the Contencion Civile
and armes doe resemble. Men infamous & vile, be not re:
ceaved as witnesses, neither are they sufficient to accuse
any other, nor otherwise worthie anye creditt. Therfore
not in enie wise enterteygned in armes nor suffred in pre:
sence of anie Prince, such as by them selves or their auncestors
[089v] have committed any treason against their Prince or Contrie, and
were not restored, are to be reputed infamous, because they and their
posteritie, till the thirde degre be paste shalbe repulsed, lyke:
wise that gent or souldier yt flieth the Campe, or that goeth to
thennemies of his Prince, or that geveth them any knowledg
token or aduertysement in the preiudice of his Contrie or
Prince, or yt for enie offence in armes wth infamie hath bene
banished, all & everie such person may be refuzed to fight wth
a gent. Also it shall not be lawfull for any such person to in:
habite wthin any Cittie imperiall or Royall where themperor
kinge or other Prince maketh his aboade. lykewise euerye
Soldier or gent, that in the daye of battle abandoneth the armie
or sqadron shalbe reputed infamous and worthie of Capitall
punishement. Also such gentlemen as committeth any dishonnoest
parte vnworthie his honnor and the warrs, as to be Ruffians & bawdes,
or in any sorte to make pffitt of lewde and dishonnest weomen,
are by the iudgement of lawe condemned or infamie. whosoever
it a victuailer, or tavern holder keping evell order contrarie to his
othe shalbe holden periured and dishonnest. ffurthermore
all they that wthin the Campe move sedition or mutine in
the detriment of his Princes estate his livetennante or
Capteine, or that beinge taken by his ennemies & might escape
and wolde not, ffor in all thease offences he shalbe counted
a Runagate & infamous. Moreover who so ever is sent to dis:
cover the ennemies & dooth still remaine wth them shalbe de:
famed. In like manner all such as be Runagatts, rusticall per:
souns or in wage wth other, & by subtletie commeth to serue in
any campe or armie, discoueringe to thennemie the secrett therof
shalbe defamed. Also all such as for feare at the daye of
battle, feigneth sicknes, or that in time of battle leaveth or for:
saketh his Prince shall therby incurre great infamie and
infidelitie as he that had contracted amitie wth his ennemye
he offendeth much that frawdulentlie abandoneth his place
of watche or warde in the armie, or that in lyke time regardeth
not his duetie towardes the safetie of his Princes person
wherby he incurreth infamie & capitall punishmt. All
they yt in time of Warre, doe sell awaye their armor or
weopon, or yt finde meanes to deliuer any soldier to thennemis
hands and dooth parte the spoiles wth them as the imperiall lawe
[090r] saith shalbe burned alive. Besides thease, whosoever is exco:
municate, an vsurer openlie knowne, or a merchaunt wthout faith
shall lykewise be condemned of infamie. In lyke sorte everye
gent exercysing any occupation vnfitt for his nobilitie, callinge,
or the profession of armes. And generallie every man that
thorough his owne evell desrts offendeth, shalbe accompted de:
famed, because thorough infamie all dignitie & nobilitie is
loste. lykewise every Bastard of anye gent yf he be not
virtuous shalbe refuzed for noble, for bastardes are estemed
vile dishonnorable & not of anie noble howse, vnles they have
good Condicions, be virtuous or longe practized in armes, for
then in case of his owne honnor, he may not by a gent be refuzed
because the nature of man is commune to all men. And yf
the said bastarde be made legitimate, by the lawe or Prince
or by mariage of his Parents after birth, he shalbe as law:
full, for that all lawe doth affirme, that they are like to others
that be legitimate. If a Bastarde doe serue longe time
in a Princes Cowrte, he dooth deserue priviledge of le:
gitimacion, and shall not be disallowed except for great vice
or offence, wherby he incurreth infamie intollerable. And
this proceedeth by religion of armes wch seeketh thaduauncemt
of virtue. The discipline of armes hath manie rules
written in the lawe, wch who so transgresseth doth deserue
great punishment. And this discipline dooth expulse
all infamies from the profession of armes. Therfore in
battle fame, honnor & virtue be greatlie reguarded.
Whether an ordinarie Soldier
maye come to combatt wth a cap:
teine or other officer.
Ca. 11.
[090v] One Qwestion in armes is lately deman:
ded, whether a commune soldier may Challenge A
Capiteine or other officer of the armie to wager of battell or
not? Frontino telleth of one that saide to Scipio Affricano yt
he was nothinge valiaunt, to whome he answered, my mother
brought me forth an Emperor but not to fighte. It is writ:
ten also yt Mario beinge in Germanie was challenged by an
Almaine, to whome he saide, yf thow be desirous to die, goe
hange thy selfe by the necke. Plutarcho in the life of Antonio
Augusto, reciteth one yt offred to fight wth him, wherto he
answered thow hast as thowsand waies to kill thy selfe, &
so Antonio refuzed to fight wth him in person, beinge not pro:
voked for cause of honnor. ffor (as is before said) a gentle:
man by birth or armes maye in case of his honnor and fame
challenge any lorde, and the lorde shalbe compelled to answer
in person or by champion equall to the challinger. But in
such cases, for that thease soldiers be subiectes, and the lordes
Superiors, it is no reason they sholde meete in fighte. likewise
whensoever any man challengeth a Coronell or capteine of
an other Campe, it shalbe lawfull for him to appointe an equall
champion for the satisfaction of his honnor. Cheifteines & Cap:
teines be officers in Regiment & gouernment of the publique
armie & ought not to fight in single Combatt vnles they be
licenced by their Prince or liuetennaunt generall except
them selues be Challengers, for then they cannot revoke it
& otherwise not, by reason of the common perill as is before
declared. In like manner a Capteine or Centurion of foote
men may not provoke one that is a Cheifteine or generall
or that is a Coronell of horsemen to fight wth him on
foote, neither maye a horseman challenge a footeman to fight
on horsbacke, because combat is to be perfourmed according to
the qualitie or condicion of him that is challinged. Soldiers
in seruice, somme be more honnorable & somme lesse, as the
seruice on horsbacke is more honnorable then that on foote.
Therfore whensoever a footeman Challengeth a man on
horsback he maye saye, thowe art on foote, therfore I will
not contende wth thee, as one yt serueth in an inferior pfession
[091r] And so he maye lawfullie appointe his Champion of equall condy:
cion, for satisfaction of his honnor. But yf no such Champion
can be had, he shall challenge him on horsbacke, and performe the
combat in person Federico the Emperor made a constitucion yt
a horsman might not challenge a footman, and so the Contrarye
And it seemeth commonly that the horseman dooth not accepte
the ffootemans challendge. The lawe willeth that a footeman
of notable force & courage in armes shalbe reputed equall to a
commune soldier on horsbacke. Somme doe make difference bet:
wext a knight made by the Emperor, and him that tooke that
honnor from the hands of a duke or other inferior lorde But
in exercise of armes for fame or satisfaction of honnor no suche
difference is made, because it is the right of armes to satisfie
a mans owne honnor. lykewise the lawiers were wonte to
make difference betwext him that was borne in the vyllage
and him that was borne in a famous cittie, and that he sholde
be most worthie. But in combatt for honnor, this is not re:
guarded. Baldo saith, yf a gent by nature or birth, be happe:
lie borne brought vp & dwell in the Contrie or village, yet
ought he not to be reputed a villaine, but shall wthout repulce
fight wth anie other gentleman. But the lawe maketh
difference, betwext a knight alredie made, and him that the
Prince commaundeth by deputie to be made in anye campe
or feilde. Manie worthie knights have bene of opinion, that
a villaine become a souldior in seruis & exercise of armes
maye for cause of his honnor in the ffeilde, fight wth anie
gent by birth that serueth on foote, because during the
time of seruice, their exercises are equall as hereafter
shalbe perceived.
[091v] Whether a Souldier discontinuenge armes
maie come to combatt wth a gentleman
Ca. 12.
hauinge alreadie sufficientlie exa:
mined that a villaine or man of base condicion longe
exercysed in armes maye in case of his owne honnor challenge a
gentleman by birthe, yet is it doubted yf a soldier beinge a villaine
by nature, longe exercyzed in armes, discontinueng that liffe, &
not for offence or other defaulte, but voluntarilie dwelleth in the
village at his auntient howse, where he Challengeth a gent
borne, whether he maye so lawfullie doe or not? The lawe
Ciuile concludeth, that a villaine maye not provoke a gent
to personall combat, wherto this provoker, alleadgeth that he is
made noble by longe exercise in armes. On the other side
it may be saide that souldiers doe not enioye the priviledge
of armes longer then they continnue in that exercyse, but beinge
retorned to his accustomed rusticitie, the gent demandeth
reason. Wherto I say that the villaine that hath longe fol:
lowed thexercyse of armes, and hath in the armie bene re:
uted a soldier, may fight wth anye gent either in or wthout
the Campe. But all lawes do saye, the souldier that le:
veth thexercise of armes and retorneth home shall not
have those priviledges wch a soldier dooth enioye except he
discontinueth by reason of Peace taken, or by licence &
determinacion to retorne againe. ffor beinge ever in readines
and occasioned by sicknes or age at anie time to retire him
self wthout anye offence done, Or in consideracion of longe
seruice by the space of xxty yeares he ought to be privy:
ledged, and not bounde to any vile seruis in Person And
shall in all penalties be intreated as a gent, and shall
by the lawe imperiall have manie other piviledge where:
fore sith this Soldier hath longe exercyzed armes faith:
fullie & virtuouslie leaving the same wthout reproche
and licenced by his Superior to repose him in his owne
house, he ought not to lose his nobilitie gotten by armes
[092r] but enioye the same liuinge at home noble Andrea de Herina
saith that a gent dwellinge continuallie in the village, sholde be
nevertheles noble. ffor like reason this Souldier ought not to be
refuzed to fight wth anie gent, because his dwellinge in the
village dooth not diminish the honnor gotten by longe exercyse
in armes and virtue, vnles he departed from the armie for somme
great offence commited, or that he wente thence not dischardged
or that he had committed somme Robberie, or practized somme vile
trade vnmeete for his profession, or became seruaunt to somme
base or dishonnorable person, or performed somme dishonnorable
acte against somme gent. ffor in all thease cases his nobilitie
gotten in armes shalbe blemished. Allwaies excepting that
wth licence any soldier maye wthout preiudice to his honnor
vse husbandrie tillage or anye other honnest occupacion. And
this was the opinion of themperor, who putteth difference
betwext the priuiledges geven to such as doe still continnue
in Armes, and those yt after twentie yeares are licenced
to retorne home & reste, who shall enioye the priviledges
of olde souldiers & gent and so shalbe called But such
as doe continue in their cheif glorie in armes, shall have
sondrie other much greater priuiledges by the lawe imperiall
Off wch martiall priviledges diuers other imperiall
lawes do intreate.
In A matche of fiue to fiue Wch
of theim oughte to be victori:
ous.
Ca. 13.
[092v] Iff two lordes of sondrie Citties doe fall in controversie
eyther of them making warre vppon the other wth
their Subiects and at length to aduoyde the effusion of
Christian bloude, and other inconveniencs that commonly en:
sue by warrs, I happeneth, that ffortune offreth occasion &
meane that by the triall of fiue gent in Combat on either ptie,
the matter may be determined. And so they wch happen to over
come shalbe governed by them that remaine victorious. As
Tito Liuio ab Vrbe condita writeth of thre Romaines wch
fought wth thre Albanes, and the Albanes vanquished, their
whole nation was ye contente to yelde the victorie to the Romaines
So yf a lorde dooth chose five of his vassalls, and an other lorde
as manie of his, who beinge chosen to fight for the quarrell of
their lordes, alleadging they are not bounde to doe it. The
question is, whether fiue other hired soldiers maye perfourme
this battle, and whether thaffordaid vassalls may lawfullie re:
fuze to fight for their lordes. In wch doubte it may be alleadged
that they are bounde, as by aucthoritie of auntient writerts it
appeareth. ffirst we reade in the booke of kings ca. 14. that
kinge Saule assembled in his defence all the strongest, and most
forcible men of all his kingdome. In the 24 it is recited, that
kinge Saule tooke wth him thre
san thowsande of his chosen
men of warre & went wth them to meete his ennemies, In
the 23 kinge Saule commaundeth his Souldiers to go vnto
battle. Also kinge Dauid gathered together his people
to fight for him. The like is written in th boke of Macabees
The Civile lawe saith that a Subiect bound to ayd his lorde
in the revenge of iniurie offred vnto him. In cases of necessi:
tie the subiect is not be excused, and speciallie for cawses of
the common weale & Contrie, wherin (as Cato saith) all
men ought to fighte. whensoever a man holdeth of his lorde
to fight wth him, in that case he maye not refuze to doe it.
But yf the vassall holdeth not of his lorde by any suche
tenure he is not bounde to fight in person not beinge his
hired seruaunt. Therfore we see a vassall simplie is
not bounde to put his person in perill for his lorde vnles
he dooth speciallie hires hym, and so enforce him to doe it as a
[093r] duetie or custome. A lorde of a Signorie having rent
or Revennve to spende in time of necessitie, ought not to
convert the same only to his vse. ffor as Ian Andrea
de Iserina saith. Not kepinge it for times of necessitie
but consuminge it in privatt occasions & pompe or in keping
of Iesters, or other superfluous pastimes not fitt for a
gent, he greatlie erreth. And no vassalls be bounde
to fight for their lorde, but only such as have ffee speci:
allie geven them for that duetie. But yf their lorde
shold saye to the five beforesaid, I will paye you for
your seruice and give yowe stipends as my soldiers to
goe & fight for me. In this Case geving them reaso:
nable interteignemt, whether they be bounde by thease
words to fight for him, we wll hereafter give iudgemt
Whether an Artisan professinge
armes & yet Vsinge his crafts
maye fighte wth an other Soldier.
Ca. 14.
One necessarie Question is demaunded, yf
in the Campe beinge Certeine Artisans or other of vile
condicion, who doe also serue in thexercise of armes on foote
or horsback, and notwthstanding their enterteignment doe
vse also their occupacions. An during the time of this
seruice, one of them Challengeth vppon quarrell of honnor
one other soldier beinge a gent, seruinge on foote, or as a
launce of horsback whether e may be refuzed or not?
wherto I saye yea. ffor this reason. Such as sholde be
permitted to fighte wth gent, ought to be they that accor:
dinge to themperiall lawe have priuiledge to exercise
armes who be onlye gent, for such as do vse handie crafts
sholde not be permitted to serue in armes but only gentlemen
[093v] All such men as do practize any base or vile trade of life
ought to be banished armes. lykewise all shopkepers, and mer:
chaunts ought not to be aditted. This is affirmed by a
Constitucion of the kingdome of Sicilia because in suche
men there reigneth no Courage magnanimitie nor constancie
neither in them is there anye aptnes or disposition to vse armes, but
commonlie enclined to sicknes feare & cowardice, their mindes more
dispozed to lucre & money then the noble exercise of armes
In men of such condicion there is no hope of victorie, but ra:
ther Cowardice. Vigetio saith, wilde swinge ought to be driven
owte of the armie, & not accompanie others of Courage & force.
Marco Conte in bello Macedonico saith that Ennemie wch
is not a Souldier ought not to be fought wthall. The
lawe willeth that none ought to be admitted to thexercise
of armes but such as descended of soldiers. And men of base
condicion maye not be admitted to serue on horsback wthout
licence of the Prince. ffor a Rusticall father, beget:
teth for the moste parte Children of like condicion to him
selfe, men of base sorte bondemen or others not at libertie, are
not to vse the discipline of armes, as the lawe imperiall
saith except there be knowen somme pffe of their virtue
All gent (as is alredie saide) may be constreined by the Prince
to the exercise of armes, but the common sorte are not.
Therfore all soldiers in honnor maye refuze to fight wth
any Artizane, and the other before recited. Because
they are forbidden theercise of armes, for wch cause to
fight wth them it sholde be a great dishonnor. And
victorie gotten of them is neither honnorable famous nor
worthie anie glorie at all.
[094r] Whether after defiaunce one of the
fighters doe comitt a faulte of de:
famation, Whether for the same he
maye be repulsed. Ca. 15.
Two gentlemen beinge at defiaunce & ha:
vinge waged battle vppon lyfe and deathe wthin
the prefixed time of sixe monethes that the combat sholde be
performed one of them committeth offence of infamie, wch is of
suche condicion as yf it had bene at the beginninge he might law:
fullie have bene repulsed. Nevertheles at the daye appoin:
ted he appeareth, when the aduersarie sendeth knowledge yt
by reason heis defamed of such an offence, and dishonneste
crime he meaneth not to contende wth him. he replieth the
repulse ought to have bene geven at the beginninge wch was
not done, but his person allowed the agrement made & the
Iudge chosen. Also the daye of execution was deferred by
thee, therfore thow maist not geve me the repulse. The
other saith that at the beginninge thowe were a gent not
dishonnored, but since that time become infamous, and worthie
reproche. In this case the Iudge is to be demaunded whether
this gent maye refuze to fight wth the other beinge defamed
wherto is answered he maye. Because the difference
of the time when the infamie was deserued is not materiall
whether it were before of after defiaunce. And the lawe
determineth that everie dignitie, honnor, preheminence, office
or creditt geven is loste thorough offence infamie & dishonnor
that after is committed and most of all in gentlemen, beinge
in wages & exercise of armes. ffor yf after they be detected
of any falshoode or defaulte in armes they shalbe cassed
banished, the armie to their infamie & shame, he shall also be
abolued of all vowes degraded of tokens or honnors of armes
beforetime betowed vppon him, and like a wief reproued of
adulterie shalbe for ever banished. But this punishment shall
not extende to faults fommitted before the profession of armes
lykewise yf a Souldier be sworne to obeye anie officer, yf
the officer after committeth offence vnworthie not to be obeyed
[094v] the soldier is dischardged. ffor every promise and othe is
to be intended of things standinge in that estate they were
when the othe or promise was made. The decretall saith
that yf I promise to marrie a woman, & after she hap:
neth to lose an eye, in this case I am not bounde to marrie
her. Also Seneca in his books d’alli beneficij saithe that
whensoever a man maketh a promise there ought no newer
thinge to happen before the perfourmaunce wch maye occasion
the promyser not to doe it. And therfore in respect of
the offence newlie committed in the case abouesaid he
may be iustlie reproved & refuzed.
Finis
Libri Septimi
[095r] [blank]
[095v] The eighte Booke. ~ . ~
Off chaunces that happen in particular combatts, & of agrements taken betwixte the fighters. ~ . ~ . ~ .
Cap: Primu.
Twoe Gentlemen beinge at deffiaunce doe Accorde to breake tenne launces sharpe, and yt he that in his courses did worste performe his parte sholde Reamine as vanquished. It fortuneth that after certeine cowrses, the one by violence of the others encounter falleth from his horse, notwthstandinge wch fall he offreth to runne owte the reste of the number of launces agreed vppon, the aduersarie refuzeth to doe it sayenge that because he fell from his horse thorough his force the battle is finished and that he wthout further fighte ought to be victorious In this case it is to be demaunded of the Iudge whether his peticion be lawfull or not? The decretall determineth that a combat is not ended by a fall, for as in wrestlinge for certeine falls, yf one fall be geven the victorie is not graunted, so yf a man at armes doe fall from his horse, and sodeinlie recovereth his backe againe he shall not be reputed for vanquished, because in the performance of feates of armes for life & deathe the lawe condemneth none till either the one or the other be deade or yelded, by reason that notwthstandinge the fall wch might happen by mishap he maye possiblie so valiauntlie behave him self as he maye obteine the victorie. Therfore in all combatts for life & death
[096r] either death or deniall of a mans owne wordes proveth the victorie. To be ouerthrowne dooth not alone suffize, though thennemie dooth laye hande vppon him beinge downe, yet maie it be that he recouered him selfe, and so become victorious as hereafter more at lardge shalbe declared. But in a Chal: lenge for triall of virtue or triumphe, yf the one in this sorte doe happen to fall though the nomber of courses be not per: formed, yet shall he that dooth fall be vndoubtedlie reputed as victored, for this case differeth from that wch is for life & deathe, because in agrement made for tenne Courses, it is to be intended, yf none of the Ronners doe fall where: fore the one beinge overthrowne the Combatt is determined and the other shall remaine wth honnor & victorie. ~ . ~
Off two fighters that were in one combat slaine wch of them oughte to be victorious. ~ . ~ . ~ . ~ .
Ca. 2.
Twoe doe come to combatt on foote vppon Challenge of liffe or deathe, the one falleth the other dooth bestride him wth his sworde in hand sayenge. Yelde thy selfe who answereth wth wordes of like effecte , wherwthall he that is overthrowne wondeth him in the bellie that helde him vndr, who provoked therwthall cutteth him vppon the throte he that was first hurt aduaunseth him selfe on foote & walketh but wth in short space after they bothe died. In this case it is to be considered, whether of them by the opinion of the Iudge ought to have the victorie, thoughe in deede neither of them coulde for lacke of life demaunde it. Yet that the spoile of him that ought of righte to be victored might be set on the ensigne of the victorious to his eternall fame, the truth is to be knowne. It is decided that notwthstandinge a deade man cannot be deined victorious, yet maye it be saide that he who fell firste to the grounde was vanquished, because the other kepinge him selfe on foote did as it were first commaunde the bodie of his ennemie
[096v] Not vnlike to that case where diuers doe presse to winne one prysoner, he that can first laie hande vppon him ought of right to enioye him. But this case dooth not prove ours, because by the Emperiall lawe, he is iudged to the victorie that geveth the firste wounde, and the victorie is adiudged from time of the wounde geven & not by the howre of death. Therfore consideringe that he who stoode aboue receaved the first wonde the other recoueringe his libertie therby hath gained somme honnor by deliueringe him selfe from thennemies hande. This doubt maye also be determined by order in armes wch wil leth that he that dieth firste shalbe victored, because the feilde is his that remaineth aliue. And in case they die both wthout the lysts he that either dieth firste, or that first wthout leave goeth owte of the lysts ought to be victored. If in one moment they chaunce to die bothe wthin the lists then the Challinger shalbe iudged as victored, because he hath not provoked him whome he proffered by othe to offende, but is by the defender slaine him selfe who hath therby saued his honnor. If both of them doe die the one wthin the lists the other wthout, he semeth to deserue the victorie that dieth wthin thoughe he happelie dieth firste, by reason he remayned wthin the feilde, and before he died beholde his ennemie throwne owte, yet for that a deade man cannot at anie time be thought victorious, this rule semeth not altogether Clere therfore I remitt the same to the idgements of more skillfull doctors to discusse it wth stronge reason. ~ . ~ . ~ .
Off two knightes agreed to fighte on Horsbacke the one dismounteth & sleath his ennemie. Whether he oughte to be Victorious. ~ . ~ . ~ . ~
Ca. 3.
[097r] A wager of Battle beinge betwext twoe noble Soldiers to fight for liefe & death on horsback & not otherwise, beinge come to combatt, the Challinger dismounteth and taketh hande of his ennemies Reane, to thende to vnhorse him, who valiauntlie defendeth him selfe, & makinge wise to dismounte also, and lifting vp his legge from the Saddle the Challinger beinge on foote doth thrust his sworde to his harte and so killeth him. The question whether ye Challinger might iustlie in this sorte slea him, & become victorious. The doubt ariseth vppon the meaninge having determined to fight on horsbacke, and not otherwise, therfore the agrement ought to be obserued, & who so obserueth it not cannot be victorious in that battle, and the assuraunce of the Iudge is to geve sentence according to the agrement taken betwext the parties. Therfore yf the Challinger hath broken ye same and dismounteth from his horse like a ffoteman, and not as a man at armes hurteth thennemie, he hath vndoubtedlie neglected his promise & deserued punishmente, because in dismountinge he hath vanquished his ennemie by treason & not by virtue the agrement beinge to fight on horsback & not otherwise. On the Contrarie pte it may be alleadged, that no agremt was broken at all, for that it suffizeth the combat was begon on horsbacke, & wth weopon moote for a man at armes then no Covenaunt was vnperfourmed. By the opinion of Soldiers, a Combatt for liffe maye be begon on horsback & ended on foote as semeth best to them that fighte, because in defence of a mans honnor & liffe it is lawfull to vse all advauntage. The lawe Ciuile determineth that in such case a man ought at the beginninge to fight according to agremt and after to saue him selfe by anie meanes either honnest or dishonnest, and vanquish his ennemie, by what crafte so ever he can. Whensoever a man at armes seeth his ennemie dismount it is lawfull & he ought to force yt beinge on foote he doe not approche him, but by all meanes possible to overthrowe the ennemie, who sought in like sorte to vanquish him. This is the trwe reason that by order of armes & lists is obserued, that when on dismounteth on foote, & the other
[097v] kepeth him selfe on horsbacke, yet shall the same be called A Combatt of horsemen & not of footemen, because as I alredy saide no meanes are vnlawfull to him that fighteth for life & deathe, and a man maye by all conninge & Crafte prevent the Pollecie of his Ennemie, so ofte as he contendeth for savetie of liffe, in wch case neither wisedome nor providence for preseruation of liffe wolde be admitted.
Of two gentlemen hauinge agreed yt wch of them were vnhorsed sholde be reputed as vanquished, at the first incounter they fell both, wch of them ought to be victorious.
Ca. 4.
Whensoeuer two men at armes beinge at defiaunce doe wage battle by agremente that who so is slaine wthout fallinge from his horse shalbe accompted as victored, afterwardes it happeneth at one encounter thorough equall violence they fall both to the grounde. In this case it is to be required of the Iudge whether of them ought to have the victorie. At the first sight it semeth that the challinger, by reason he was cause of thenterprise ought to loose the victorie, and that the defendr sholde be victorious, because the Challinger hath not performed his promise to vanquish thennemie, wch he hath not onlye not done, but also is by him overcome. By the lawe Ciuile it is adiudged, that whensoever two ennemies be at defiaunce & in fight performe equall virtue, that then the honnor shalbe allotted to the defender, because in all doubtfull cases the defendr by lawe is ever favoured, and it maye be saide that the defender did fall by force of his owne encounter & not his ennemies. On the contrarie it may be replied, that the agremt was equall & therfore booth of them ought to be winners or
[098r] loosers, and the iudgemente to be suspended till a further daye of newe battle. Or yf it be in case of defiaunce for lyffe & death the defendr ought to have victorie. But yf it be for triall of virtue, for triumphe or prise, then shall iudgement be geven that daye or in one other. And whensoeuer it is agreed to fighte, till either the one or the other be deade yelded or Prisoner. Then wth consent of either parties and the iudge they maye fighte againe But yf anie of them refuze to deferre it he maye not be constreined, for that it was agreed that vppon a daye certeine, they sholde fight till either the one or the other were slaine, vanquished or yelded, the reason is this, that by wordes of agrement the defender is not bounde to retorne to fight after the prefixed daye, because Combatts of them selues are odious, & ought rather to be taken awaye & eschued then permitted or continued yet when no certeine daye is appointed, vndr correction of skillfull Soldiers I think a newe daye may lawfullie be called.
Of two knightes beinge Wthin the Listes to fighte for Lyfe, ye one is ouerthrowne he beinge on the grounde, hurteth the horse of his ennemie Wch the Iudge seinge departeth the Combatt.
Ca. 5.
Twoe Champions doe come to defiaunce & agree to fighte on horsbacke for lyffe & deathe at a certeine daye, and that he that is vanquished shall remaine a Prisoner to the vanquisher & be also reputed a traitor Beinge come to combat after diuers Courses, the one is overthrowne to the grounde and beinge vppon his knee is yet pursued and striken wth the sworde vppon his heade & other pts In the meane space beinge thus overthrowne he wondeth the horse of him that overthrewe him in the bellie, till at
[098v] lengthe his intraills falleth and is forced to die, The Iudge moved wth pitie offreth to parte them. he that remained on the wounded horse suppozing him self victorious for havinge beaten doune his ennemie, demaundeth his prisoner alledging he had cast him downe by his force, and virtue, & so helde him that by no meanes he coulde rescue him self. And whosoeuer dooth ouerthrowe his ennemie ought of right to be victorious. On the Contrairie parte it is answered that because he had wonded his ennemies horse, so much as he coulde not depart notwthstandinge he semed him self to be overcome at the firste yet in thende he ought to be accompted victorious. The Iudge determineth that the case shall stande doubtfull & the battaill to begin againe anewe. he that was ouerthrowne refuseth, the other praieth sentence. In this case the doubt is not small what iudgement the Iudge ought to giue. wherin I saye that definitiue sentence maye not be geven, because the one and the other were in accion and disposition to fight, & that thende ought to be attended. yet it semeth that sentence may be pronounced consideringe all circumstauncs and blowes geven before the Iudge offred to departe them. ffor that he remayned on horsbacke, had the aduauntage of victorie havinge overthrowne the other. And he that was ouerthrowne refuzinge to retorne to his estate, and the other because he had ouerthrowne him, wolde not fighte againe, so neither of them can be iustlie called victorious, and the Iudge havinge departed them, hath geven his firste iudgemente, vnles it had bene declared, yt the sholde fighte till either the one or the other were slaine or yelded. In wch case he that was overthrowne ought to retorne to fighte or els be accompted victored. Therfore it is to be marked, that when like case dooth happen in Combatt, the Iudge sholde abide thende, so as either the one or the other be slaine or yelded, as hereafter shalbe better declared, in thende of this present booke. ffor in such cases the Iudge parting the battell, proceedeth rather of Pittie then Iustice.
[099r] Of two gentlemen beinge Within the Listes to fighte for lyfe, the one ouerthroweth the other. He that was ouerthrowne saith I am Vanquished, & Wth those wordes giueth him that ouerthrew him a great wounde wherof he died. Wch of them oughte to haue the Victorie. ~ . ~ . ~ . ~ . ~
Ca. 6.
Twoe ffrenche gent beinge in Italie became ennemies and either of them callinge callinge [sic] the other traitor at last waged their battle. wheruppon the lorde of Padoa accordinge to agremt taken betwext them did graunte the ffeilde, and that he that coulde vanquishe his ennemie sholde possesse the armor & horse of him that sholde be vanquished who besides all that, shold also be reputed a traitor. Beinge thus entred into the lists the one chaunceth to overthrowe the horse of his ennemie, and theruppon incontinent dooth bestride him holding him doune to the grounde In the meane time beinge thus distressed he saith I am vanquished and speaking thease wordes all at once stryketh him that dooth bestride him who sodeinlie dieth. In this case, the Question is wch of them ought to be reputed victorious and wch victored? wherunto manie reasons maye on either part be alleadged. And first on the behalfe of the deade man who had not onlie overthrowne, but also at his deuotion distressed his ennemie, so longe, as wth his owne movthe he confessed him selfe victored. ffor wch reason he ought to be victorious, so that either by worde or expresse signe he did accept the saide confession, for then the combatt is ended and the man beinge in this sorte holden downe and distressed might not iustlie fighte anye more because he was alredie vanquished. And yf afterwardes traiterouslie he hapneth to kill his ennemie yet ought he not to be victorious
[099v] but rather punished as a traitor. On the contrarie side it may be saide, that because he that liueth had lefte his ennemie deade in the feilde he ought therfore to be accompted victorious, for in combat it happeneth manie times that a man semeth victored, and yet at laste becommeth victorious, and in all battells thende ought to be respected, & not the speach that passeth during the fighte. A mans wordes contrarie to his deedes doe not give victorie, for yf at one instaunt I saye I yelde and also strike mine ennemie my wordes are not such as binds me victored because they were spoken duringe mine accion both in defence of my self & offence of mine ennemie wheruppon Mr Angelo de Perugia determineth yf he that was holden downe did giue the wonde to him that died wth out pawsinge or aspectinge for answere, betwext his wordes & the time of his stroke, that then he maye be iustlie reputed victorious, but yf uppon his yeldinge wordes, he were lett lose & his confession accepted, and that the other that did distresse him had somwhat retired him self saieng he was contented to vnlose him. In that case he that was distressed coulde not iustlie offende his ennemie, because he had alredie yelded him selfe. But yf wthout staye, wth his yeldinge wordes he did also strike attending none answere then it sholde seme the saide wordes were spoken wthout anye intente to yelde, because all at once he stroke & slewe his ennemie, and the wordes were not answerable to his deedes ffor wch cause he remaininge in feelde alive ought to be victorious. The deedes & not the wordes voyde of effecte ought to be respected as ofttimes it happeneth a man to saye one thinge & doe an other. But yf a man beinge overthrowne saith I yelde my self a prisoner, & theruppon let lose and after sleeth his ennemie he shalbe reputed a traitor. Therfore it is requisite that the Iudge wth sober consideracion doe reguarde what sentence he geveth in those cases that doe concerne the honnor & liffe of such gent as for savetie of fame & defence of reputacion doe offer them selues to this triall as desirous to liue wthout reproch in the favour and grace of their prince or soueraigne and vnsuspected amonge all nobilitie. Therfore having in this case made promise the one to the other either
[100r] of them ought by wordes to declare their intentions & likewise to answer to thende it maye be knowne whether offers made be receaved or not ffor who so maketh no answere dooth not sufficientlie agree to anie compacte wherfore that gent that was overthrowne and offred him self as a Prisoner yet not pawsinge for answere in killinge his ennemie ought to be victorious.
Of the Honnor Wch is gotten in thexercise of armes, When one disarmeth an other of certein peices, & whether of them doth beste perfourme his parts.
Ca. 7.
Iff a gent dooth call an other to combatt on horsback by agremente that whosoever of them performeth the same beste shall have his ennemie as prisoner for certeine time, wth further gaine betwext them agreed. And comminge in this manner to fight after certeine incounters one of them wth his launce disarmeth the other of his Pauldron or gauntlet, And he that is thus disarmed, disarmeth thennemie of his sheilde. In this case it maye be saide, that he hath gained greatest praise, that hath taken awaye the sheilde, because the sheilde is the cheifest parte of armour. Wheruppon the lawe Ciuile saithe that whatsoever Soldier dooth sell or plaie his sheilde or his sworde deserueth more punishmente then he that selleth or plaieth his horse his Powldron or vambrace. Whatsoever soldier that in fight loseth his cheifest armes, deserueth cheife reproche. Therfore he that loseth his sworde in fighte is more to be blamed then he that loseth his sheilde. he gaineth moste honnor that depriveth his ennemie of his moste principall armes, & the sworde is the Principall & most worthie weapon that can be because knightes be therwthall created & therof take the honnor & dignitie of knighthoode. The Sworde is a martiall instrumente both offensiue & defensive. The Sworde is also a devine Sceptor as Dante the most noble Poet affirmeth saienge La spada non si toglia in fretta et non e uera bataglia doue non interuene la spada. Therfore who so gaineth the sworde of his ennemie dooth get the
[100v] greatest honnor in armes that maye be. ffor proof wherof the Emperor whensoeuer he maketh any knighte he doth girde him wth a sworde. All Capteines doe mainteine their aucthoritie by the sworde, & therby doe iustice. The sworde is allwaies caried before the Emperor, & finallie the sworde representeth greate glorie & estate Moreouer it is to be considered that who so looseth his helmett in bettell, meriteth greater reproche then he that loseth his sheilde, because the helmet defendeth the princypall member of the bodie, & the sworde serueth for defence of baser parts, ffor triall wherof it appeareth that the heade peice of kinge Nabuchodonozor was made of fine golde as for the worthiest member, and his forecurrate of siluer as a parte of lesse reputacion, Also we maye perceave that Children at their baptisme are towched vppon their heade as their moste worthie and principall parte The Emperor wth his Crowne imperiall dooth rather adorne his heade then his sholders. The worthines of the heade appeareth also in that the same is placed vpon the hiest parte of the bodie, wherin is conserued the five Sences, the braine is also therin conteyned It is also the abydinge place of the witte and memorie, it possesseth the tonge, and for that the heade is of such exellencie, the hurts and woundes geven theruppon be of greatest reputacion. Whosoeuer loseth his gauntlet in fighte is more to be reproued then he that loseth his Pouldron, because the gauntlett defendeth the hande, wherof beinge berefte a soldier cannot be admitted to serue. The gauntlet as a most worthie parte of armor is commonlie sente for signe of defiaunce he that loseth the seate of his Saddle by violence of thennemy deserueth greater reprooffe then he that falleth to the grounde thorough weaknes of his horse or his evell girthe or the breakinge of the Saddle, or for that the girthes did breake, or yt thorough like mishapps falleth downe wthout the force of thennemie Thease and such like particularities, doe give or take awaye somme parte of honnor from those that happen to come to personall combat. And hetherto we have intreated of the honnor of a gent in combatt, wherof hereafter, we will also speake more at lardge.
[101r] When in combatt for Lyfe or other there be corporall hurtes geuen wch be of more or lesse honnor, or more or lesse praiseworthie
Ca. 8.
It happeneth sometimes in Combatt that one loseth his eie and the other his teathe, whether of them receaveth greater reproche In wch case it is thoughte yt because the eie is neerest the soule, it is more reprochefull to him that looseth the same then yf he had loste his teeth, Also the eie conteyneth all the sences of the bodie, & teeth be only instruments of the mouthe, yf a man be hurte on ye face he receaveth more dishonnor then yf he were wonded on the breste, the heade, the armes or the sholders, for the lawe saith that the face of man is the similitude of God, and for this reason a man maye not by iustice be burned on the face, for not disfiguring the devine image, yf the right eie be lost in battle it is of greater reproche, then yf it were the lefte, because the right eie is in the better opinion of men. In like manner we saye that who so loseth his right hande in battle is more reproued then he that loseth his lefte, by reason the right hande is more apte & necessarie, so yf in fighte one be hurte on the arme, & the other on the legge, the honnor shalbe awarded accordinge to the dignitie of the member yf it happen that two gentlemen doe fighte, the one havinge two eies and the other but one, yf he that hath but onlye one doothe lose the same, he shall receave more reproch then yf the other had loste one of his. Yf a man loseth his whole hande he is more dishonnored then he that looseth one eie, and yf happelie one loseth a hande and the other a foote, he that hath lost his foote receaveth moste reproche.
[101v] Off the order of Iustes & publique Turniamentes. ~ . ~ . ~ . ~ .
Ca. 9.
It is written that in the noble Cittie of Naples it hapned that a worthie knight and Citizen there named Piero Earle of Mountderise in publique Iuste encounteringe wth his ennemie receaved so stronge & violent a blowe, that he became disarmed of shielde gorgett & Curatts, his sheilde & helmett falling to the grounde and he lefte on horsbacke in his dublet wthout anye hurte at all. At wch incounter the saide Piero by breakinge the girthes of his aduersaries horse ouerthrew him to the grounde The question in this case was demaunded whether of them deserued moste honnor or rather who sholde receave greatest reproche, wherto by a certeine grave knight it was answered, that he was most faultie, that fell from his horse, thoughe he had geven a violent blow & disarmed his ennemie, yet the greater dishonnor was his because, (exceptinge death) to fall from horse is the chefest reproche that maye be, yea though the horse be in fault therof. Therfore a lesse dishonnor it is when a man falleth not the horse, then where the man falleth alone. Albeit a gent in the beginninge of a Turney or other exercise of armes behaueth him selfe better then others, yet yf in thende he happen to be overthrowne he maye not receave anye honnor, but wthout prise shalbe reproued and denied of victorie. In like manner yf two soldiers doe fighte on foote, yf anie of them by the violence of thennemie doe touche grounde wth his hande he shalbe dishonored. In a Course at the tilte or turneye he deserueth more honnor that runneth or striketh at the heade, then he that breaketh or striketh lower. ffor the higher a man ronneth the more praise he deserueth, and who so ronneth to lowe, is not only not praised but also reproued, he that runneth faire, & aptlie governeth his Launce meriteth more commendacion thoughe he breake not, then he that disorderlie and wthout good grace dooth happen to break Amonge men at armes, he is estemed moste, that breaketh hiest, and most amazeth his ennemie, and that hath the beast seate on horseback, & that most conninglie governeth his horse, & that weareth his armor wth good grace, yf at one incounter the
[102r] one be overthrowne wthout hurte or annoyaunce, and the other lefte
on horsback amazed & wandring he wotteth not whether, he shall
receiue greatest reproche, that on horsbacke remained amazed.
for such a one is reputed as overthrowne, and besides the fall dismaied
& from him self, though somme do holde opinion to the contrarie,
that the fall from the horse loseth the victorie, And that
he that abideth the horseback in whatsoever sorte, ought to save the
daye. who so most valiauntlie & skillfullie behaueth him selfe
in armes, thoughe he receaveth hurte, deserueth more praise
then he that cowardlie offendeth his ennemie, he ought to be
honnored more that disarmeth his ennemie of his Cimero then
he that taketh awaye anie other ornamente. he that breaketh upon
the saddle pomell, meriteth lesse praise then he that breaketh his
launce well. who so hurteth the horse vppon the heade or other
parte thoughe he breaketh deserueth lesse commendacion, then he
that breaketh not all. who so havinge broken manie launcs dooth
hurte the aduersaries horse, meriteth lesse praise, then he that
hathe broken none at all. who so hurteth a horse is in this case of
him that falleth, who maye not have victorie in that daye. he
is smallie to be estemed that knoweth not to governe his horse
or yt sitteth not firmlie in his saddle. he that disarmeth his aduersarie
of somme parte of armor not greatlie needfull gaineth
lesse praise then he that breaketh all his launces, who so disordereth
his aduersarie in his saddle shalbe commended, he that loseth
his launce is to be reproved, & he that knowth not howe to chardge
it deserueth greater blame. he that beareth longest on the arme
& chardgeth nerest the encounter is more worthie praise, then
he that chardgeth at the beginninge of his carier. he is worthiest
commendacion that in euery respecte dooth moste aptlie &
orderlie ride, he yt with best grace weareth his armour, & that longest
can indure the weight therof shalbe more praised, then he
that wth lesse skill & force dooth vse it. Also he yt in least time
taketh of his headpeace, and yt breaketh vppon the viserue of thennemie
shalbe more praised then he that breaketh vppon the sheilde
who so striketh or hurteth the horse deserueth no prise, for he is
in case wth him that falleth, who performeth not all his courses
though he hathe ouerthrowne his aduersarie, yet ought he not
to have prise nor honnor, and he that falleth may not ronne
after, vppon that daye. yet he that is a Challinger thoughe he
dooth fall & stande, he maye nevertheles retorne to horsback & answer
the Ronners, because vppon yt daye he is bounde to answer all venturers,
& thease be ye orders of the Neapolitane Turniaments.
[102v] Of two knightes agreed to fighte for Lyfe wth maces of yron. One of them bringeth a hollowe mace full of pestiferous powder wherby he became Victorious.
Ca. 10.
Two gent beinge at deffiaunce and agreed to fight for lyffe & deathe wth maces of yron, doe enter into the lists, the one of them havinge wthin the handle of his mace certeine pestiferous poulder, and strikinge his ennemie vppon his viserue did so sodenlie amaze him as he lost his sighte & was forced for sounde, by wch subtletie he gained the feilde. Neverthelesse it was called in question whether this manner of fight were lawfull or not, and whether victorie might in this sorte be gained. The auntient lawe of Lombardie saith that no man oughte to come to the feilde & bringe wth him any poyson pestiferous herbe or other poulder havinge force to offende thennemie wthout his owne virtue, and thoughe no prouise or othe were to the contrarie, yet sholde he not in anye wise doe it, also the saide lawe willeth, that no privie weapon shalbe vsed, wch wthout the violence of man might offende, because a man ought to be victorious thorough magnanimitie and force, and not theffect of vile venom or pestilent poysons, victorie sholde be soughte wth weapon meete for a gent & not wth poyson or such like pestiferous deuises not mencioned in the arte of Chevalrie. Whosoever at daye of battle weareth abowte him any venemous thinge (as the lawe affirmeth) committeth a kinde of treason. Tullio saith that in contendinge with an ennemie, a man ought to vse the nobilitie of minde, & force of bodie & not by malicious meanes to prevaile Isodoro writeth that victorie gotten thorough crafte is vile dishonorable & ought not to be commended Hieronimo saith that a Certeine skolemaster to the Children of Falentia ennemies to the Romaines Empire, thorough fravde & cullour of his aucthoritie brought the [?] infants to the pnce of the Romaine Capteine, & in hope of great rewarde for his treason did offer to deliuer them to his hande. To whome the noble & virtuous Capteine gave this golden answere worthie to be registered in
[103r] letters of diamant. The Romaines will not accept dishonnorable & wicked victorie as a thinge vnworthie praise Frontino telleth how a certeine Phisition to kinge Pirro of Epiro, wrote vnto Fabritio a noble Capteine of the Romaines & promised by his lres that for rewarde he wolde sodenlie procure the death of the kinge his Mr then ennemie to the People of Rome But Fabritio like a noble Capteine did not only refuze this traiterous victorie, but also courteouslie discouered all the whole treason to the kinge Pirro wch was the cause that afterwardes there ensued a league of amitie betwext the saide kinge & the Romaines. It hapened in or age, that the kinge Alfonzo of Arragon, a noble Prince & worthie everlastinge praise havinge longe time & with a greate armie beseiged a valiaunt Capteine called Iacomo Caldora who retired his whole powre to the top of an invincyble mounteine, and after longe heate & drought ther hapened to arise in the night a great tempest of winde, at wch time came vnto him an olde expert soldier of his, And offred that yf he wolde permitt he wolde not faile but thoroughe pollecie to cast doune fire vppon the Pavilions of the kinge and so vtterlie discampe his whole armie, wherby the foarce of thennemie shalbe remoued and victorie remaine to Caldora who answered in this wise I doe not only refuze the frawdulent victorie by the deuised, but also doe reprehend thee for thy Councell to pcure anie such treason against so worthie a kinge though mine Ennemie. This was the answere of Caldora who by virtue of other soldiers was shortlie after rescued & the kings armie remoued Tullio writeth that it is a dishonnored thinge to get victorie by crafte wthout virtue because whatsoeuer is gotten thorough Crafte encreaseth dishonnor. The decretall saith that such as become victorious thorough virtue, despizing all fraude doe deserue the Crowne of victorie Neuertheles our souldiers do hold opinion to the Contrarie saienge that in fight for life it is lawfull to deceave the ennemie & wth all crafte & conninge to destroie him, because either of them haue defied other to the deathe, & that in defence of life no care or crafte is vnlawfull. And this is by example & aucthoritie
[103v] aswell of the decretall & the lawe wch saith that crafte or deceipte vsed against an ennemie yf he be ouercome, shalbe reputed virtue. we reade howe Hanibal in his affaires against the Africane Rebells knowinge they loued to drink wine caused certeine vessells of his owne provision to be poysoned & in a night remoued his Campe as though he had fledd leaving the saide vessells there, wch the Africans pursuenge came thither & not mistrusting the deceipte, to quench their great thirst dronke of the wine & forthwth died. wch don Anibal retorned & wthout manie blowes obteined the victorie. On this behalf maye be alleadged an other lawe wch saith that to escape the hande of thennemie no crafte art or subtletie ys vnlawfull, & who so cannot destroie his ennemie by sworde may doe it wth venome. Frontino writeth of manie deceits to be vsed against our ennemies. Nevertheles seinge this order of proceedinge tendeth rather to assuraunce to offende then defende, we ought to esteme victorie by poyson as vnlawfull neither maye anie man in that sorte Challenge a victorious Crowne. This victorie is moste dishonest & the Iudge shall forbid in iuerie combatt to use anye venome or poyson and yf anie man by such meanes doe overcome his ennemie, he shall not be demed victorious. The lawe of Lombardie hath worthelie proved, that no person shall vse or weare anye pestilent hearbe or poyson in feilde or other place appointed for the triall of martiall prowesse, because the same is a thinge impertinent to gent, and soldiers & fit for Phisitions. This is the true Iudgement, that victorie shalbe gained thorough virtue dexteritie & manhoode & not thorough medicine. Yf this sentence semeth not good alleadginge a better reason I will give place.
[104r] Of two gentlemen entred into the feilde to fighte for liefe wth swordes, thone dismounteth & taketh holde of his ennemies foote on horsbacke who notwithstandinge alighteth also & ouerthrowes him. ~ . ~ .
Ca. 11.
It hapened that two gent cominge to Combatt for life & death and beinge agreed to fighte on horsback wth swordes onlye & yf anie of them were slaine or vanquished that then he sholde be accompted a traitor & prisoner to the vanquisher. It came to passe yt in fighte both their swordes brake, & the one havinge the reanes of his horse cutt in peices so as he coulde not governe him dismounted, on foote, taking hand vppon his aduersaries foote who still remained on horsbacke offringe to caste him downe but he preventinge his intente did willinglie flie from his horse & bare downe thennemie that on foote pretended this crafte. And he beinge thoroughe his violence in leapinge downe laied vppon the grounde bestrode him & kept the aduauntage. In this case the Iudge shewinge his aucthoritie did departe them & ended the combatt. wheruppon he that holde his ennemie downe demaunded him for a traitor & his prisoner, wherto he answered that promises were to be perfourmed, and because it was agreed that victorie sholde be tried wth swordes wch were alredie broken, & that his mishap in falling pceeded not by virtue of thennemie, but his owne mishap & violence in offringe to cast him downe, it were no reason that iudgement sholde so proceede, & the more for yt there was no yeldinge. On the Contrarie was replied albeit it was agreed that only swordes sholde trie ye victorie yet sith the combatt was so begon, and by virtue therof I have cawsed thee to abandon thy horsback & so become my prisonner I may by iuste reason require thee of the Iudge, as one whome I have conquered thorough wisedome manhoode & pollecie, & it is dexteritie & not the sworde wch avayleth in fighte, wch I havinge vsed doe demaund thee as my prisonner Thease allegacions considered, the Question is whether of them hath
[104v] the greatest reason? wherto it maye be saide, that till such time as the Iudge did departe them, it semeth plaine yt he that stoode vppon his ennemie had thaduauntage of victorie, yea thoughe the sworde were broken before. ffor pffe wherof it is written in a certeine cronicle of one who havinge in fighte lost his sworde closed sodenlie wth his ennemie, & takinge holde of his privie member, enforced him thorough extreme paine to yelde him self his prisoner. In a like case wee reade of one that overreached so far wth his blowe, that thennemie entred in & got the victorie It is reported of one other having like aduauntage did so sore oppresse his ennemie by kneelinge vppon him that he died forthwth. It hapened in Padoa that one kneelinge vppon his ennemy enforced him wth his owne mowth, to confesse him self yelde. In thease & such like cases it is seene, that by force wthout weopon victorie may be obteined, yea there wants not somme that wth their strenghes only have gained victorie. yet the lawe determineth that who so yeldeth to his ennemie, shalbe in case wth him that is overcome. The constitucion of Federico willeth that champions fightinge for their lordes ought beinge oppressed to defende them selues by their teeth. ffor wch reasons it semeth that at what time that the Iudge did departe them he that helde his ennemie vnder was victorious. Therfore the fault in this case committed proceeded from the Iudge, who ought to attende thende of the Combatt, & the rather because the swordes beinge broken no slaughter coulde be committed. But resolute iudgmente coulde not lawfullie be geven, for yt he that was holden vnder might perchaunce have recouered him selfe, the Iudge sholde then in departinge them declare the aduauntage that was gained by him that was aboue & therwthall confesse his owne faulte in not tarieng thende of the battle. ~ . ~ .
[105r] Of twoe fighters, thone wondeth his ennemie, & seenge his bloode soundeth, the man wounded during his soude dooth binde him & after him selfe dieth.
Ca. 12.
It happened that two gentlemen beinge at defiaunce agreed to fighte in combatt, and that he that vanquished his ennemie sholde possesse the horse & armor of him that is vanquished, and likewise yf anie of them were discomforted or overthrowne, that then he sholde be accompted as a traitor After wch agrement entringe into the lists, the one receavinge a mortall blowe on the throte, & bleedinge aboundantly the sight therof caused the striker to sounde, and as it were to fall deade to the grounde. ffor oftentimes we see the natture & disposition of somme men (though valient inoughe) yt seinge the bloud of an other will sounde & die. So it chaunced in this case, that he that receiued the wounde seinge his ennemie fall downe forthwth repaired vnto him, & holdinge him downe did also binde him hande & foote wthin the lists & traveilinge to caste him owte wherby he might iustlie challendge victorie, the aboundaunce of bloode gusshinge owt of his wounde was such, as forced wth extreme greife therof he presentlie died, not havinge yet drawne his ennemie owte of the lists whome he had before bounde. Shortly after, he that remained in this sorte distressed, by bindinge reviued, & recouered his sences, & not beinge hable to vse his hands & feete praied the aide of others. hereuppon arose a doubte whether of them was victored. On the behalf of him yt was alreadie deade manie reasons were alleadged, ffirst yt he had taken his ennemie & as prisonner kept him bounde during a certeine time & so possessed his person, also he never removed him by violence but laye still as deade till such time as he was offred to have bene caste owt of the lists, so that yf death had not preuented his ennemie he coulde not have recovered. The lawe of the Romaines dooth affirme, that whosoeuer happeneth into the handes of his ennemie shalbe accompted
[105v] Prisoner. Therfore the hurte man beinge in lyffe & kepinge his ennemie bounde, thoughe fortwth he died, yet ought he not to lose his prisoner, but he shall remaine to the Capteine of the feilde or els to his companions in armes or to the successors of him that died, who had in bandes distressed him. So in lyke manner in this case seinge he that liueth was bounde & notwthstandinge his ennemies death is so lefte to his Successors. Also this reason of greatest importaunce remayneth that he that was in this sorte once bounde might easelie haue bene slaine because his liffe was in his handes that bounde him. And he is ever adiudged victorious that firste killeth his ennemie. On the other parte in favour of him that remaineth in lyfe yt may be answered, that before he became bounde, he so sore wounded his ennemie, that he was as it were in his possession, & coulde not longe resiste in Combatts for life & death, the iudgement ought not to be geven till either the one or the other be slaine or yelded. And although this man on liue were bounde hande & foote, yet sith he was neither slaine nor yelded, he coulde not be iudged to be victored because the feilde was lefte to him liuinge, and so sone as he founde him selfe vnbounde he might lawfullie saye, that he had hurte his ennemie to the death, because the lawe saith, that at what time a mortall wounde is geven, he yt receaved the same is reputed as deade ffor wch respects it maye be iustlie saide that he that liueth ought to be victorious. But yf percase thease reasons doe not suffize for this contentacion yet let this be allowed. That notwthstandinge a man be bounde in combat yet yf be neither deade nor yelded he cannot be iudged as victored, because bindinge suffizeth not. And order of fighte is yf he that remaineth wthin the lists aliue shall be victorious.
[106r] Two gentlemen at defiaunce doe come to combatt for life, the challinger promiseth to proue his quarrell. At the firste encounter they both die, Whether ye challinger be vanquished or the case doubtfull.
Ca. 13.
Twoe Soldiers beinge agreed to fight on horsback for lyffe & death vppon cause of honnor. The Challinger promysed that yf wth his sworde he proued not that wch he chardged his ennemie wth, that then he wolde yelde him selfe as a traitor & lose his armour & horse. It hapened that at one encouter they booth receavinge great blowes were amazed, & fell from their horses as deade. In this case a question arized, whether of them deserued the greater honnor, aswell for preseruation of fame, as also to gaine reputacionto their successors. To resolue so deepe a doubt it may be saide, that either of them might be accompted as victored & yet victorious, though no deade man can be thought to have obteined victorie or to save him selfe, yet by rigor or reason it may be alleadged, that wheras the Challinger by expresse promise had affirmed that wth his sworde he wolde pve his wordes, not havinge so done he sholde be condemned, because, notwthstanding the death of his Ennemie he failed the perfourmaunce of that wheruppon the occasion of Combatt arose, and was also slaine by the hands of the defender, so as in thende of the ffight he coulde not challendge any aduauntage or victorie for that in one instaunte they became desmaied and deade. The defender also in satisfaction of his owne honnor did hazarde his lief in feilde, and there before the Challinger had performed his promised victorie lefte him as deade,. wherby (besides his death) he hath incurred the satisfaction of the penaltie and burden of infamie. Therfore aswell aliue as deade he ought to be published a traitor, lose his armour & horse so as none of his successors can claime either of them, but shall remaine to the posteritie of the defender. And in case he have none that lawfullie sholde demaunde the same, then those spoiles & forfeicts shalbe allotted to the captein or generall of the feilde. But yf like Chaunce happeneth when men doe come or fight for anye prise for triall of virtue
[106v] or loue of their Misteris then the victorie shalbe iudged indifferentlie, as yf two doe wrestle, and they both fall at one instaunte togethers, neither of them can be saide to have deserued victorie or reproche. And such was the opinion of Angelo di Perugia in a question that happened in fight betwext two ffrenchemen at Padoa wherfore seinge that the Challenger died not havinge performed his pmise he ought of right to lose the victorie & his goodes also, yet because the defender died & so not sufficient to receave victorie, therfore I referre small Iudgemt to the nomber of more expert Soldiers. ~ . ~ . ~ . ~ . ~ . ~ .
Of two men at Armes, Wherof the one Vnhorsed, wth his sworde strake his owne horse, wch horse througe furie of ye wonde goeth to the other horse & fightinge wth him causeth his rider als to fall, in falling breaketh his legge & dieth
Ca. 14.
It hapened that two men at armes beinge at defiaunce came to combatt wthin a certeine feilde appointed owte by the furrowe of a plowe where the one gave his ennemie so great & violente a blowe, as therwthall he was both vnhorsed, and also striken owt of the lists, who findinge him selfe thus overthrowne, not knowinge by what meane he might offende his ennemie and save him selfe, wth his sworde he strake his owne horse, the greif wherof so moved & provoked him, that all in a rage he fell to bottinge and yarking at the horse of his ennemie, wch he continued so longe that he ouerthrewe him, & in fallinge the man brake his legge & also hardelie escaped wth liffe. The question in this case was whether of them had obteined victorie. And first in the favour of him that had vnhorsed his ennemie & cast him owt of the lists yt may be
[107r] saide that he ought to haue iudgement on his side, because he had cast his ennemie owt of the lists, & so the feilde remained to him alone. Wherunto it was answered in the behalf of him that was vnhorsed, that notwthstanding he was first ouerthrowne, yet seinge that his ennemie was also at length cast downe hurt & deade he might not lawfullie be reputed as victored. To this allegacion was replied that he fell wthin the lists, and that not thorough the virtue of him that was firste cast owte, but the violence of the horse. And therfore the honnor cannot be attributed to him, though his ennemie died. Also whosoeuer is once cast owte of the lists, sholde be accompted as vanquished and maye not retorne to fight. But to answer this reason it was saide, that albeit he were cast owt of the lists yet he retorned spedelie thither, laide holde of his horse, & was readie to ronne againe, also he was in the ende alive, but the other deade, & therfore sholde be victorious But hereto it was forthwth answered, that who so euer is first downe & driven owte of the lysts he maie not afterwardes retorne to fight nor claime victorie. Nevertheles he that remained aliue ceased not to alleadge yt notwthstandinge he had bine driuen owt of the lists, yet havinge slaine his ennemie he ought to be victorious. In this case the Iudge shall soberlie consider whether he yt was laste ouerthrowne and had broken his legge will presentlie die or not. ffor yf he dooth die, then ought he assuredlie to be adiudged as victored, but yf he happelie lieth doubtfull of life, then iudgemt shalbe so longe delaied, and yf he dooth in thende recouer his hurte & liue, yet shall he perhapps seme to deserue leaste honnor because he receaved the greatest harme, but it might be answered, that that harme pceeded not of thennemies virtue, neither did he fall thorough violence of his person but the force of a horse. And therfore he cannot deserue the commendacion. Wch reasons so doubtfull I refer to the resolution of a more skillfull Iudge. ~ . ~ . ~ . ~ .
[107v] Of two fighters of whome the one taketh the other by the legge, & so holdeth him till the ende of the daie wthout further hurte whether for yt he ought to be Victorious.
Ca. 15.
Twoe gent one of them challenginge the other to fight on horsbacke entred into a liste, marked owte wth a plough & not otherwise. The Iudge chardged them vppon paine of losse of honnor not to passe the saide lymitts, wherin after longe fighte it hapened that one of the gentlemen fell wth his horse, yet sauinge him selfe, the man recouered his feete & escaped the violence of his ennemie travellinge to kill him or at the least wise to make him yelde. But he that remained on horsback seinge he coulde not prevaile did willinglie dismounte & after somme blowes, came to the close & in wrestlinge fel both to the grounde, where sometimes the one & sometimes the other got the aduauntage, strivinge & striking wth their daggers till at thende the one recouered his feete, holdinge his ennemie for a time by the foote so stronglie as he coulde not arise, and thus drawing him vp & downe & clayminge him for his prisonner, it happened that all vnwares stepping back wth one of his feete he passed the appointed liste or furrowe wch beinge diligentlie marked by him that was holden downe, he saide, that because he was driuen owt of the lists by force of his legg being vppon the grounde he ought to be reputed as vanquished wherto holding him still by the foote, the other answered thow art my prisoner, and yf thow do not forthwth yelde thy selfe I will kill thee, wch it semeth he coulde not doe, because both his handes were occupied in holdinge his legge, that he coulde not have done wth one. ffurther it was alleadged by him that had ye aduauntage that his ennemie was by him distressed wthin the lists & though vnwares after he happened to passe the lymitts appointed, yet it was wth one legge onlye, & yt not purposelie nor willinglie to transgresse the Iudgs commaundemente, but to keepe & mainteine the aduauntage of his ennemie, because the nature of Combatt is, that wheras a prisoner is distressed wthin the lists, yf afterwardes the distresser doe happen
[108r] to passe owte wth one foote yt shall not be imputed to his preiudice, and thus disputinge the matter the whole daye was fullie ended. The doubt in this case arose what sentence ye Iudge ought to pronounce, the daye beinge nowe paste, the battell not otherwise ended, nor he that was holden downe recouered. If the Iudge sholde determine the combat, he might happelie doe wronge, yf not, he sholde adiorne it vntill the next daye wch coulde not be done wthout assent of the parties If he sholde continue it presentlie then needlie must it be perfourmed in the nighte wch is not the vse in armes, nor alloweable. It semeth therfore the Iudgement ought to remaine to the discretion of the parties, & either to begin againe the next daye, or els to sett them in that estate they were in at their departure, or giue sentence accordinge to thestate of the conflict recitinge in order the chaunces happened. In this case yf perhapps the Iudge wolde giue definitive sentence against him that wth one foote a little transgressed the lists holding his ennemie still downe, yt semeth that he sholde doe contrarie to reason. ffor it is to be intended that he only that by fall or force of thennemie passeth the boundes, sholde receive preiudice therby, & none other, excepte that custome did otherwise teache. ffor holding his ennemie downe me thinks thoughe he passed the lists, it cannot be saide yt he was distressed or vanquished or yt he had lost the victorie. But on the Contrarie parte he yt was holden downe so as he coulde not recouer his libertie semeth for the time to be victored, for the daye beinge ended he founde him selfe distressed & holden. But to conclude yf it happened that the Challinger were he that was in this sorte holden downe all the daye, then assuredlie he ought to be reputed as vanquished, because that the daye beinge ended he had not obteined victorie, but was overthrowne taken & oppressed. And yf it hapened that it were te defender yet sholde not he be thought to loose the victorie, because it might be yt he might recover libertie. And the nature of Combat for lief is, that iudgement shall not be published till the one or the other be slaine or yelded But in all other challendgs he yt had ye aduauntage shall have ye honnor & commendacion thoughe not full victorie, & the Iudge shall make full relation of all their pcedings.
[108v] Of two men at Armes the one of them by mischaunce, thorough his horses stumblinge vppon a truncheon of a broken launce falleth, & not thorough thennemies Virtue.
Ca. 16.
Twoe gentlemen of Almanie cominge into Italie to fight on horsbacke for triall of their manhood and virtue, made sute to sondrie lords there to obteine a feilde of libertie for the satisfaction of their desires. At length their request was graunted vnto them by the governor of Rome that frelie they sholde fight vppon such articles as was agreed vppon betwext the parties, & that he that sholde be victored, shold besides lose his armor & horse & yelde him self a faithful prysoner. It chaunced that after diuers courses faire roune, & sondry launces well broken, one of their horses stombled emonge the truncheons of the broken launces, lienge vppon the grounde, & at last he him selfe fell to the gounde & his horse vppon him. The aduersarie seinge him downe & labouring to recovr him selfe to come againe saide, thowe art alredie ouerthrowne in retiringe from me, therfore art become my prisoner, & I will not make more courses for that I have alredie obteined. The question in this case was whether the gent thus overthrowne ought to be prisoner or not. And it was answered that he ought not, because the Challenge was not for life & death but for triall of virtue. And seinge it was not the force nor skill of the aduersarie that caused the fall, neither the blowe at any encounter before receaved but only by means of the broken launces, yt were vnequall iudgemente to accompte him as victored, also sith prises & rewardes are geven onlye to them that thorough virtue overcome their ennemies who so dooth gaine the aduauntage by happe & fortune as it semeth desrueth neither rewarde nor victorie, because neither force nor pollece was the meane. The lawe saith that yf so be a kinge proclaimeth to give a certeine
[109r] Somme of money to anye man that dooth apprehend or slea a traitor, yf a man in shootinge at a deere or other beaste doe happelie let flie his arrowe & kill the saide traitor where as for feare he lieth hidden, he shall not receave nor ought to challenge the rewarde, because he hath done yt seruice by fortune, vnwares & not wth intencion before determined. But yf a like fall & mishap had happened in combat for life & death the case had bene otherwise. ffor (as in the former books is at lardge discoursed) it is lawfull for him yt fighteth for life to vse all frawde & aduauntage he maye to overcomme his ennemie and winne victorie Liuio writeth yt Hanibal findinge Fuluio the Romaine capteine vsed not any frawde or deceipt in his Campe, vppon a daye darkned wth clowdes he lodged his soldiers behinde a hill, where they coulde not be decerned, and wth a fewe horse purposely appointed offred skirmish to the Romaines who suppozing there had not bene other nombers then those they sawe, forthwth issued owte & beinge by reason of the darke daye beguiled fell into the handes of the Carthaginenses. where Fuluio wth fowre skore thowsande soldiers were overthrowne and slaine. By wch cruell historie we are taught that in everie conflict that towcheth life & death all ~ crafte arte & conninge is to be allowed. ~ . ~ . ~ .
Off one that brought certaine prickes of Yron, And by suche meanes ouercame his Ennemis. ~ . ~ .
Ca. 17.
[109v] Twoe gentlemen Suizers beinge determined to fight for liffe and death obteyned lycence of a Prince to haue a free feilde graunted who condiscendinge to their Request commaunded they sholde fight wth weapons of a gent wch are swordes of equall lengthe. Beinge entred into the lists, the one bringeth wth him a sword accordinge to the appointmente, the other the like weopon, and therwth secretlie a nomber of pricks of iron wch at his first entrie he bestowed in diuers parts of the feild And comminge to fight, him self havinge on shoees wherof ye soales were of yron, he resorted still to the places where thease pricks of sharpe nailes were laide, till at length the ennemie had so sore hurte his foot vppon them as he became vanquished. hereof no small doubte ariseth whether he lawefullie might in this sorte have victorie or not, but by reason in armes it semeth he maye, because in Combatt for life & death it is tollerable (as ofte it hathe bene saide) to vse all pollecie Crafte or deceipte. Tiberio Crasso beinge in Spaine & knoweinge that the ennemies of the people of Rome thorough the greate dearthe of Corne had extreame neede of breade & victuaills, and so as that in diuers daies before they had not eaten any foode of Sustenaunce, he havinge aboundance cawsed a greate deale of his owne provision to be laide forthe wch done sodeinlie he retired him selfe from thence, wch the ennemies perceyvinge, allured wth ye sweete victuaills, ran thyther to staunche their extreme hunger, where they fed so disordinatlye, that they only remoued not their former wants, but also became so heavie & sleapie, that Tiberio returninge thither to assaile them, obteined a speedie desired victorie Hanibal beinge in the great & famous warrs against the Romaines at Canna seinge that longe drowght & winde, had raised merveilous store of dust & sande, like a wise & skillfull capteine knewe that the winde drivinge the same vppon the face of the ennemie were no small aduauntage to him in fighte he placed his battle in such speedie and skillfull sorte as he gained the aduauntage of the winde, and therby raised the dust so thicke in the eies of thennemie, that by that crafte & pollecie he gained the victorie, wherin died so manie Romaines as not one of the noble famelie of Fabrij reamined aliue, wch till this
[110r] daye is had in memorie. Also Mario capteine of the Romains at the overthrowe of the Cymbri otherwise called Flamingi at what time he determined to fight wth his Ennemie commanded that his whole armie sholde eate temperatlie and afterwardes attending the helpe of the sonne wch shined vppon the face of thennemie thorough force therof & the duste wthout greate resistaunce he vanquished that moste obstinate people Not wthstanding (as in one place it is recited) the lawe Civile & the lawes of Lombardie doe not permitt, that in combatts there shalbe vsed any herbes venemous devises, or other divelish arts. Therfore the Prince havinge admitted free & indifferente feilde, it semeth that he that caste abroade theas pricks hathe iniustlie violated the securitie of his lorde. The lawe saith that Princes doe make the place of Combatt sacred & lawfull & whosoeuer dooth violate the same deserueth punishmente. And therfore because the offence committed was contrarie to the true nature of Combat wherin a man ought to offende his ennemie only by meanes allowable in armes this arte semeth an vnlawfull crafte and great treason, for the agrement was to fight wth swordes & not otherwise. ffor thease reasons it semeth it is not lawfull to offende the ennemie by other deceipts, and though it be permitted in combatts for liffe and death to vse all pollecies, yet shall it not exceede the articles agreed vppon. Therfore accordinge to the lawe he deserueth no rewarde that dishonestlie transgresseth the Couenents agreed of. And albeit in Combatts for lief it is lawfull everie waye to offende the ennemie, yet is it intended that the same shall not be wth other weopons or aduauntage then were agreed vppon by order & Custome in armes and not by such meanes as are not allowable therby. As for example yf two doe appointe to fight wth swordes, it is not lawfull yt anie of them shall bring to the feilde a launce a Crosbowe or such like, and this I affirme for reason and lawe vnder the correction of experte capteines Conductors & others longe practized in the discipline of Armes. ~ . ~ . ~ . ~ . ~ . ~ . ~
[110v] Of two gentlemen the one in fightinge saide I yelde, & euen at the same instaunte strake his ennemie & slewe him. ~ . ~ . ~
Ca. 18.
Twoe English gentlemen fightinge in combatt for life & deathe, the one speakinge to the other saide yelde thy selfe, wherto the other answered I yelde, and all at once wthout other worde strake his ennemie so violent a blowe as forthwth he fell downe deade, vppon wch occasion a doubte arose whether a man havinge in this sorte slaine his ennemie ought to be victorious. In wch case manie reasons may be alleaged against him that sholde in such manner challenge victorie yea it semeth rather he sholde be victored havinge confessed wth his owne mowthe that he did yelde, and therfore maye not afterwardes lawfullie offende him, to whome he was yelded. ffor a mans owne wordes do binde him self. Mr Angelo di Perugia saieth. To saye I yelde my self to the implyeth as much as I give the my faith. On the contrary parte it may be alleadged that forasmuch as the wordes of him that saide I yelde did not agre wth his doinge, it ought not to be iudged that he did yelde because at the same instaunte that he pronounced his wordes, his deedes were far otherwise. In fight a mans deedes are a more assured declaration of the minde then the wordes, and a man is noted rather for that he dooth then for that he speaketh. And therfore thoughe in wordes he did yelde, yet havinge notwthstanding slaine his ennemie the lawe willeth that his deedes shalbe best estemed Tullio affirmeth that whensoeuer thy deedes doe witnesse any thinge thy wordes are not regarded. The will & intente of man is descried rather by deedes then wordes, because manie times thy wordes & doings doe not accorde. ffor wch consideracion the deedes only are respected, havinge slaine the Ennemie, and the wordes are to be iudged as termes of skorne derision & deceipte, as were those that the traiterous Iewes did speake to our saviour Christe saienge. hayle kinge of the Iewes, and therwthall strake him vppon the
[111r] face, wch wordes weare farre differinge from their doings wherfore the followinge of wordes are to be considered, and a man ofttimes talketh one thinge and dooth an other. So in conclusion I saye that he that wth deedes & not wordes dooth witnesse the nobilitie of his minde ought to be victorious. But it must be considered, whether the yeldinge wordes he spake were accepted or not, and so a pawsinge time had before ye blowe after geven. ffor yf his wordes were receiued & staye made, in striking after he is to be reputed not onlye as vanquished, but also a traitor After a man be yelded the signes do shewe the acceptaunce, as when the partie to whome he yeldeth retireth him selfe, or that he or the ennemie laieth downe the sworde, and refraineth further contencion. And whatsoeuer prisonner after the acceptaunce of yeldinge offendeth him to whome he yeldeth shalbe condemned as a traitor, & shall not deserue rewarde of victorie But the trwe sentence of this doubte is to be discided by the lookers on & standers by, who mighte plainlie dyscerne in what sorte the deedes were donne, & the wordes pnounced, & whether the wordes were spoken before the blowe geven, or the blowe geven before the wordes, or els both at one instaunte. ~ ~
When two men at Armes do encounter, the one is Vnhorsed, the other loseth his stirrops, is amazed & wandreth he Wote not whither. wch of them ought to be Uictored. ~ . ~ . ~
Ca. 19.
[111v] ffor triall of virtue it was agreed vppon betwext two gentlemen, to ronne on horsback at course of the feilde and that he that wthout death of anie of them beste behaved him selfe sholde remaine victorious. havinge ronne manie courses they became so erneste in perfourminge their enterprise that by force of an incounter the one overthrewe his ennemie to the ground he him self at that instaunt receavinge so great a blowe, as he lost his stirrops, and all amazed was so neerelie cast downe, as his serunts standing by were faine to addresse him in his saddle. hereof grewe no small doubte whether of them sholde be adiudged to victorie, because it may be alleaged, that neither of them can be thought worthie of victorie or honnor. The one beinge clearlie vnhorsed the other havinge receaved, thre reproches first that he is hurte, & a hurte is resembled to a fall, the next he was amazed & well nere dismounted, thirdlie he had blood drawne vppon him. To this question it is to be answered, that they are equallie to be reproved, & so the iudgment to lie deade. But yf the parties shall so agree the triall shalbe perfourmed vppon an other daye.
When two men at Armes doe capitulate to ronne thre courses for life & then wth the sworde to ende the combatt. At the firste course the one beinge lightlie armed dismounteth & hurteth the horse of his Ennemie. ~ . ~ . ~ . ~ . ~
Ca. 20.
[112r] Wheras two gentlemen doe for lyffe & death determine & Capitulate to breake thre launces a peece and those nomber of Courses paste to trie the combat wth the sworde, indentinge further that yf anie of them were vanquished he sholde become prisonner. After thease agrements taken the one commeth to fight with certeine weopons arteficiallie devised such as no Corslett or other armour was of force or strengthe sufficient to defende, besides that he presenteth him selfe mounted vppon a great & puissaunt horse. The other bringeth wth him a sleander and weake horse but swifte & readie, him self beinge armed lightlie & weake. Beinge entred into the lists, the Carire begon, & the launces chardged, the firste beinge stronglie mounted commeth violentlie vppon his ennemie who doubtinge the force of his horse slippeth by & havinge conninglie escaped the incounter turneth his horse & pursueth him behinde, & comminge nere him he draweth owte his sworde & striketh the horse of his ennemie, not regardinge the promise made to ronne the nomber of launces before remembred. The puissaunt horse thus in this sorte wounded falleth downe wth his Mr wch thennemie seinge doth sodenlie dismounte demaundinge his prisonner. ffor wch acte don contrarie to the agrement taken to ronne thre courses, ariseth a doubte whether the demaunde were lawfull or not. he that was caste downe, by the hurte his horse receaved dooth refuze to yelde because the thre lawnces were not broken nor Chardged, but immediatlie vppon the first course this blowe was offred & therfore he cannot be adiudged as vanquished. The other replieth saienge, that it suffizeth that at the first course he coulde distresse his ennemie, and therfore the rest were superfluous. In this case it is demaunded whether of them hath better reason? wherto it is answered, that forasmuch as it was not speciallie indented, that no sworde sholde be drawen till the courses were ronne, though victorie were obteined at the firste, yet shall it be lawfull & he so vanquished iustlie become a prisonner, because the victorie by devine iudgement iustice & pollecie haue so decreed. Frontino writeth that Sempronio Gracco beinge in the warrs of Celtiberi, enemies
[112v] to the Romaines dissembling to feare the force of his ennemies sent owt certeine light horse to offer skirmish & he in the meane time bestowed him self wth his whole powre in such places as vnwares thennemies in pursute of skirmish were paste him, who seinge his time assailed them behinde and either slewe or tooke prisonners the whole armie. By wch historie it may be considered that in all fights for life aswell vniuersall as particular pollecie & skillfull industrie is to be vsed, for by such meanes victorie is obteined. ~ . ~
When two gentlemen doe fighte for quarrel of treason. after longe fighting & neither of them Vanquished, whether by the iudge they maye be parted or not.
Ca. 21.
A certein gent was accused of vntruth and treason towardes his Prince obteined licence to wage his battle against his accusor, and that first on horsback & after one foote, they shold make triall of their quarrell, after sondrie wondes both geven & received, it happened that some while the one & some whiles the other had the aduauntage holdinge his ennemie to the grounde. And the lookers on seinge the bloude in great aboundaunce to ronne downe from the hurtes wch either of them had receaved, & that the victorie remained vncerteiene, & either of the parties thoroghe longe fighte well weried. yt semed that by iustice of God either of them were like to be partakers of moste cruell death. wheruppon the Iudge beinge instauntlie desired not to permitt longer contencion answered yt forasmuch as the quarrell concerned an offence of great importaunce towching thestate & royall maiestie, they ought not to be
[113r] parted till God had determined on whether partie ye falshoode & slaunder ought to reste. But the gent beholding so cruell a fighte ceased not to call vppon the iudge, who yet remayninge in his former opinion, not to hinder the devine providence refuzed to parte them, wch the saide gent perceivinge desirous to avoyde so greate a crueltie tooke it in hande. In wch case I saye that albeit it were most cruell to beholde, yet for yt the cause therof concerned treasons & haynous offencs, the ende of the combat ought to have bine abidden. So might the iustice of God have bene perceaved & euell men receaved a iuste example. Frederico the Emperor, by his constitucion disanulled the lawe of Lombardie wch permitted not particular battle (this onlye of treason & priuie murder excepted) because such offences sholde be more terrible to them that wente abowte them, the one is contrarie to the deuine maiestie & his commaundement, the other against the Prince, who is father of the common weale & ought to preserue truth & fidelitie. A kinge or Prince may be iustlie called a God on earth & euery treason may be saide to be contrarie to the nature of man, wch is common to liuinge men, & so in committing treason offendeth nature.
Where two doe fighte on horsbacke for life the one is Vnhorsed & lieth flatt vnseene whether a stander by, maye without punishment speake. ~ . ~ . ~ . ~ . ~ . ~
Ca. 22.
[113v] Twoe gentlemen the one a Neopolitane ye other a Florentine desirous to fight for lyffe & death obteined of the duke of Milan licence to fighte in combat, agreinge that whosoeuer of them were vanquished sholde be adiudged a traitor, and become prisoner to the vanquisher. Before their entrie into the lists it was proclaimed by the iudge, that no stander by during the battle sholde speake or make signe in the favour of enie of them that foughte vppon penaltie of liffe. Beinge entred into the lists it happened that at the firste incounter, the Neapolitan overthrewe the Florentine who lienge vppon the grounde coulde not easelie be founde of the Neapolitan wandringe abowte the feilde It happened that the saide Neapolitan havinge a brother there, that amonge the rest looked on, moved wth brotherlie love, contrarie to commaundement given, brake owt saienge, Retire my brother thine ennemie lieth vppon the grounde, tred vppon him wth thy horse & the victorie shalbe thine, wch he sodenlie perfourmed & gained his desire. The Florentine findinge him self distressed saide, that because the lawes of the feilde were infringed, neither ought his ennemie to have victorie nor him selfe to be victored, consideringe that it was ordeined, that no looker on vppon the penaltie of liffe sholde by worde or token favour anye partie duringe the fighte. ffor wch consideracion & custome in armes he ought not to be adiudged a prisonner in particular, no more then those that in common warrs be lawfullie taken who are by iustice commonly released. On the contrarie parte the Neapolitane affirmeth that orderlie he hath overcome his ennemie ffor albeit his brother in speach hath transgressed the lawe of the feilde, & desrueth to be punished, yet was his intencion such though his brother had not spoken at all, & that otherwise, no man wolde have behaved him selfe. The Florentine hereto replied, that beinge vppon the ground the ennemie on horsback armed could not possiblie see him to deale in that manner, and the nature of combatt is, that man to man sholde fighte & not two to one, wch semeth in this case was not obserued, whilest the one wth deeds & the other wth wordes sought to oppresse him, and councell in armes is of no lesse
[114r] valewre then force Solomon saith that good councell directeth armes, Also the proverbe affirmeth that in playe at chesse no drawght tawght by standers by shalbe allowed. The other replieth saienge, that his brother did nothinge pffitt, because the ennemie was by him alone overthrowne, and yf happelie his brother had transgressed enie commaundement given by the Iudge, and by him not punished, then sholde the Iudge be compleyned of. ffor in combatt for liffe it is lawfull to vse enie frawde or deceipt that may be imagined, therfore though he had percase practized the aduise of his brother, yet lawfullie he might doe it. hereunto was answered that thowgh in combat for liffe it is lawfull to vse all frawde & deceipte, yet such commaundements as are by the Iudge proclaimed, may not be transgressed, besides this the lawe dooth plainlie forbid in like cases to vse anye speach signe or token, saienge that such frawde is the defalte of the Iudge or standers by & not theirs that doe fighte. Therfore havinge once receaved those orders wch be ordeigned in favour of them that fighte, they ought not to be broken wthout the preiudice of the transgressors. And in this case the Iudge shall followe that Iudgement of Solomon wch he gave against the dissembled mother, who for envie deliuered the childe of her companion to be executed & slaine. But the wise Solomon discovering the deceipt saved both the true mother & Childe. But to retorne to our purpose, the sentence of the Iudge was that the victorer shall lawfullie enioye his desired victorie, but his brother for havinge transgressed the lawe sholde be beheadded. wch iudgement the victorer wold not accept because the same shold pcure ye death of his brother. And to decide this doubt Bartholo saith that a man beinge by the Iudge contrarie to lawe committed he ought by iustice to be released because no apprehension beinge done against order & custome ought to be oberued. And yf a man hath determined to slea his ennemy & after the determinacion I doe councell him in any wise to perfourme the same, though the murder be done, yet shall not I be accompted as guiltie therof because wthout my councell he was before determined. And likewise I saye that notwthstandinge the aduise of the brother he ought to enioye
[114v] his victorie, because otherwise & without such Councell no doubt he sholde have obteined the same. Yet sith there hath bine on either part sondrie reasons obiected I refer all to the discretion of the Iudge. As towching the second iudgement that the brother for transgressinge sholde be punished. I saye that albeit it was vppon paine of death forbidden, yet ought not he to be executed. ffor in such case the lawe Ciuile prouideth that to kinsfolke rigor shalbe mitigated. As yf he sholde percase wth his speache or hande helpe to save the bloude of his brother or Cosin, yet ought he not to receiue capitall punishment. Therfore the penaltie shalbe extraordynarie at the discretion of the Iudge. As yf a Prince hauinge banished a man & geven commaundemente, that vppon paine of liffe no person shall receave him to his companie yf anie of his race or Consanguinitie doe enterteigne him, the penaltie may be remitted & this reason is allowed by lawe & nature. ~ . ~ . ~ . ~ .
Where two men at Armes doe agre to fighte for life, wth condicion that wch of them be vnhorsed or hurt sholde be uanquished & dishonored. The one thorough disgrace & not thennemies virtue falleth without hurte. whether ye other maye claime victorie. ~ . ~ . ~ . ~ . ~ .
Ca 23.
[115r] It was agreed vppon betwext two noble gentlemen to fighte for liffe & death & yf anie of them were overthrown to the grounde or hurte by force of his ennemie, that then he sholde be adiudged as vanquished & a prisoner. Beinge entred into the lists it Chaunced that the one, after a Chardge geven staggered and fell the other pursuenge him in the retire beinge downe did hurte him vppon the legge by meanes wherof he challinged victorie. The other wth great instancie refuzed to yelde him that honnor, sayenge his fall hapened rather thoroughe misfortune then the force of his ennemie, wherto was replied yt because he receiued his fall and hurte in retiringe, yt muste needes be that the man from whom he retired was cause & had not he bene pursued the fall had not happened. In this case the question is whether side by Iustice hath better reason. Bartholo saith that seinge the hurte and fall was receaved in fleinge the same ought to be presumed to be done by force of handes, & therfore he that pursued his ennemie ought to have the victorie, because he had a determinacion to doe it, and the pursuite was cause of the fall & hurte wch was thende of the combatt. Wherfore he that was the occasion of the fall & harme receaved is iudged to have gained the commendacion. But this Iudgement is to be geven in combat for life & death only & not in triall of virtue or contencion for triumphe & prise, as in one other Chapiter it is before declared.
Where two men at Armes be agreed to ronne certeine courses & that he that receiued moste hurte sholde be Uictored. It happaned they were both hurte in diuers places. wch of them ought to be victorious.
Ca. 24.
[115v] An agrement beinge made betwext two, to fighte on horsbacke, & that whosoeuer receaveth most woundes or that worste performeth his parte shalbe reputed as victored It happeneth that at one encounter the one hath his eie striken owte wth the sliuers of the broken launce. And he beinge thus berefte of his sighte doth hurte his aduersaries breste & shoulder so far as the launce is discerned to have passed thoroughe. In this case the question is whether of them ought to enioye the victorie. It semeth that he that was hurte vppon the breste so far as the heade of the launce was seene to passe thoroughe his sholder receaved two woundes at once the one on the brest the other on the shoulder. One the contrarie part it maye be alleadged that he yt was hurte on the face was wonded vppon a more worthie member in deprivinge him of an eye, wch is a parte of a man most delicate. And therfore he deserueth greatest honnor, also because this blowe was geven vppon the hiest parte, the commendacion shold be greater. ffor the brest & the shoulder in reguarde of the eie semeth of lesse valewe. ~ . ~ .
In fighte betwixte two gent. theone hath his eie put owte the other his nose cut of. wch of them deserueth most honnor.
Ca. 25.
[116r] It was agreed vppon betwext two gent, that yf any of them did better behaue him selfe in combatt then his aduersarie that he sholde be victorious & haue the honor of the victorie, & the other be iudged as victored & a prisoner It chaunced that the one had his eie striken owte, the other his nose cleerely cutt of. In wch case it was demaunded whether of them had obteined greatest honnor. ffirst it was saide that he yt was depriued of his eie, hath loste ye most principall member. ffor a man beinge blinde is vnfitt for all exercyses, also the eie is placed hiest, as a moste worthie parte & beinge therof berefte incurreth greatest reproche because it is the guide of the whole bodie, the instrument of lighte & the only meane to convey the knowledge wherby the minde & harte be directed. By the eie the memorie of man is preserued & likewise delighted, but the nose is an instrument of the heade only of baser condicion, & serueth for ye dischardge of vnholsome humours & receaving in of vnpleasaunt savours. Also because the sence of smellinge is not much profitable to the bodie of man, it semeth the nose serueth only for an ornamente of the face wch nature hath purposely ordeygned. I saye therfore in conclusion that the eies are members of more exellencie, and are as it were the gates of sighte for openinge & shuttinge of them, we see howe nature as a skillfull mistres hath ordeined two eiliddes to defende them. In one other chapter we haue declared that the eie is an instruemnte of the sowle, & the minde discerneth by meane of the eie. Therfore the more exellent it is, the more is the greif & reproche of him that is therof berefte. On the contrarie it maye be alleadged, that the nose is a member ioyned to the face & a more necessarie ornament for ye bodie of man, also beinge cutt of, it cannot be recured, but losing one eie, the other may giue lighte sufficient for the vse of life, & as somme saye of more virtue, because the virtue of them both, naturallie resorteth to one, so as the sight of that one is better, then they were both togethers The reason therof is, that the virtue of seinge is not to be deuided thoughe it maye be diminished. ffor this respecte
[116v] Baldo saith that a man havinge but one eie & that blinde sholde be accompted as vnprofitable. We reade of Hanibal who in passing the mounteines of Bologna thorough extreme Colde lost an eie and nevertheles afterwardes performed sondrie great exploits against the Romains to his eternall glorie & fame. The ghospell saith that better it is to goe into Padadiso wth one eie, then to be tormented in hell wth two. The losse of an eie bringeth no extreme miserie, because the lawe dooth not disallowe any such man to take vppon him office, neither shall he be accompted as imperfecte. ffor thease resons, it semeth that to lose a Nose is the greater dishonnor because the face of man beinge the similitude of God, by losse of a nose is deprived of bewtie, as by no meanes either it may be recovered or hidden. Wherfore as it is a greatr deformitie for him to lose a hande, that hath but onlye one, then for him that hath two: So Baldo saith it is the greatest paine yt may happ to lose the nose. ffor who soeuer hath diuers sonnes may wth lesse greif loese one, then he that was father to one alone. All the common opinion of men is, that to lose a nose is the chefest reproche and iniurie that can chaunce to a liuinge man. To lose a hande a foote or an eie, is not so great a reproche as to forgoe a nose because the wante therof is most apparant. And therfore a man beinge an offender is not adiudged to lose his nose vnles for somme notable offence, because he shall beare his token of eternall shame vppon his face, wch cannot be revered. Federico in his constitucion saith that the losse of a nose is a severe & terrible punishmente, & is vsed commonlie to weomen for the dishonnest acte of adulterie. Therfore it semeth that he that loseth his nose, receiueth the greatest dishonnor, notwthstanding he hath deprived his aduersarie of his eie. But when like Chaunce dooth happen the Iudge may dispoze therof as shalbe by him thought moste conveniente, thought in mine opinion in respect of the circumstauncs the dishonnors be equall.
[117r] Two men at Armes do runne the course of ye feilde for life, thone is hurte on the arme & the other on the legge. Wch of them hath gained moste honnor.
Ca. 26.
Twoe noble gent comminge to course of the feilde on horsbacke, the one thorough a violente incounter hurteth the other on the bridle hande so sore, as the whole arme was benommed, and the vambraces & gauntletts so bente & battered as wth great difficultie he coulde be disarmed. The other at the same incounter received a grevous blowe vppon the knee wherwth his legge & foote became so hurte as neither on horsback nor otherwise he coulde defend him self or offende his ennemie. It was demaunded whether of them by iuste deserte had deserued moste honnor, & to whom the greatest reproch & harme is to be imputed. At the first blushe it semeth that he that hath his hande hurte receiveth the greatest offence, because the hande is a manlye member, & most necessarie for the vse of man & cheiflye for soldiers who by virtue & force therof doe not only defende but also offende. The lawe therfore saith that a soldier wthout a hande is insufficient for the warrs, & ought to be cassed of his interteignemente because he is not suffyciente The holie scripture saith that a man ought to live by the exercise of his handes. ffor next the losse of the eie there is no misfortune comparable to the maime of the hande, because whosoeuer loseth his handes is forced wth shame to begge his breade. Therfore the hande beinge a member more worthie then the foote, & placed in higher parte of the bodie, the losse therof is the greater reproche On the contrarie parte it was alleadged that a man havinge his legge & foote maymed, is more vnhable to ride then he that loseth his hande, ffor it hath bene sene that
[117v] a man wantinge the vse of a hande, hath had his lacke supplied by arte, thorough an instrumente tied to his right arme, wherin he holdeth a sworde and may also fighte commodiouslie inough. And to the lefte side to have a sheilde devised wth Catches of iron to great advauntage wch things a man wantinge leggs or feete cannot vse. Wherfore in conclusion I saye that whosoeuer loseth his legge & foote receaveth more dishonnor & offence to his person then he yt loseth a hande, because a man beinge maymed only vppon one hande maye more commodiouslie serue, then he that loseth his legge. ffor notwthstandinge the wante of a hande a man may perfourme the office of a Capteine councellor purveyor conductor guide spie or other office in armes wch a man having his leggs broken or maimed cannot doe, although by helpe of an artificiall legge a man maye percase be seene to ride yet wthout helpe of others it is not possible to mounte and dismounte as it behoveth a soldier to doe. Therfore I saye that whosoever wthout the ayde of others cannot serue, is more insufficiente then he that helpeth him selfe, and it hath bene sene yt a soldier wantinge a hande hath serued well, taken prisoners & scaled Castles wth the helpe of such instru: ments as are before recited. Therfore in my iudgement he semeth more sufficiente, yet I submitt my self to suche as shall alleage a reason more skillfull to the contrarye. ~ . ~ . ~ . ~ . ~ . ~ .
[118r] When a man lefte handed fighteth wth an other yt striketh wth the righte hande & they be both hurte on their fightinge hands. What iudgment ought to be geuen.
Ca. 27.
Iff two sholde come to Combatt for lyffe & death, of wch two the Challinger is left handed, & in fighte cutteth of the righte hande of his ennemie, who at the same blowe, loseth his owne lefte hande. The question is, wch of them hath gained moste honnor, or who sholde be reputed victorious or victored, or whether the Reproches were equall? ffor whosoeuer indifferentlie considereth the cause shall finde none inequalitie wheruppon anye of them may be reputed as victored, because they were both berefte of their righte handes. And the Challinger maye happelie alleage that the losse was of his lefte hande yet the same naturallie seruinge in place of his right hande he cannot iustlie affirme, but that the losse of his was no lesse vnto him then the wante of the right hande is to the ennemie, and sith the Challenger hath loste the lefte hande wherwth he sholde perfourme the Combatt, the same also beinge more nerer the harte then the right hande, it semeth the greater reproche shold be his. ffor a Challenger ought to exequute & vanquish, & not to mainteine wth equalitie. It ought further to be considered, that the lefte hande wardeth those blowes wch are moste daungerous to the harte, and is as it were a shielde therunto. So likewise the right hande is fitteth to defende the heade. offende, & vanquish thennemie.
[118v] When the challinger & defender be hurte in like members. Wch of them oughte to be Uictorious? ~ . ~ . ~ . ~ . ~ . ~
Ca. 28.
Twoe gentlemen havinge fought a longe time for life & deathe, findinge themselues at the dayes ende weryed & hurte in lyke members. It was demaunded whether of them had deserued victorie? By the reason alleadged in the former Chapiter the Challinger sholde be reputed as victored because he hath not performed his offer wch was to vanquish & to drawe bloode wch is in a sorte to gaine victorie of an ennemie. But to distinguish rightlie of this doubt, the place where bloode is drawne must dyligentlie be marked, because the worthines of the member wherin the hurte is receaved, & the vse of the same doe shewe in what sorte the honnor sholde be allotted to him that gave the wounde as whether it be vppon the heade or anie other basser parte or the right arme or the lefte. ffor who so hath bloude drawn on his right arme receaveth more reproche then he that is hurte on the lefte, though as erst I saide the same be nerest the harte, yet because the right hande is vsed both in defending and offendinge the wounde therof is the greater reproche, & though the vaines of the harte do reache to the lefte hande wch is the cause yt in wedlocke the ringe is putt on the womans lefte hande; yet in the exercyse of armes the right hande is of greater estimacion, because it both offendeth & defendeth, & the left hande is only as a sheilde, & not to meete to offende Therfore yf two doe fight for life & the one be hurte on the right arme & the other on the lefte, he yt receaveth ye wounde on the right side shalbe for this reason accompted as victored But in combat of honnor he shalbe victorious, yt most skilfullye vseth his weopon, & yt least estemeth the greif of the hurte In thease cases also the qualitie of hurts muste be considered wch be more or lesse mortall, according to the worthines of those members wherin they remaine. ~ . ~ . ~ . ~ . ~ .
[119r] In a matche of fowre, Wch of them ought to be Uictorious. ~ . ~ . ~ .
Ca. 29.
It happened that two gent challenginge two other to fighte on horsbacke for liffe & death vppon quarrell of treason: Beinge entred into the lists it was agreed by two of them sodeinlie to assaile one of their ennemies, whome they knewe to be much weaker & insufficient then his companion wch deliberation was put in effecte, & when they two were assaylinge of this one gent, the companion of him yt was assailed dismounteth on foote, & wth his launce hurteth one of the ennemies, & maketh the other yelde, who presentlie fleeth owt of the lists, to whome his companion beinge hurte, saide yt in no wise he ought to flee, because it was more honnor to die wthin the lists then wthout. In the meane time he that gave the wounde to one & caused the other to flie followed spedelie to take him but coulde not. A question arose to whom the victorie apperteined, seinge that one hurt man remained by his ennemies wthin the lists. The two yt were still wthin the lists did Challenge the honnor to be theirs having grevouslie hurte one of their ennemies & forced the other to yelde. On the contrarie parte it was answered, that he yt taried wthin the lists wthout his companion ought to have victorie because he hurte one of his ennemies, & though his owne companion were also wounded, yet the same was traiterouslie, wherfore it is to be considered what sentence the Iudge hath to give in this case seinge one of either partie grevouslie hurte their companions one yelded & the other passed the limitts of the lists. To the partie where neither of the fighters did yelde the victorie ought to be allotted, for notwthstandinge one of them wente owt of the lists wthout leave of the Iudge, yet ye same not beinge done for feare, but purpost to take him yt fled awaye, & deliuer him to the punishment of the Iudge
[119v] such transgressinge is not preiudiciall. And whersoeuer men doe fight for cause of treason, yf any of the parties do yelde & confesse, it doth not suffize to yelde onlye, but shalbe also punished. And he ought to have the victorie that manfullie assailed both thennemies, hurtinge the one & pursuenge ye other so longe as thennemie was forced to flee the feild.
When it is agreed to fighte equallie & soldier like. Yf one of the fighters otherwise arme him selfe, wch of them ought to haue the Uictorie. ~ . ~ .
Ca. 30.
Twoe Soldiers beinge at defiaunce agreed to fight on foote equallie armed soldier like weoponed, and yt wch soeuer of them coulde hurte his ennemie hiest sholde have the victorie. The one to thende he might be the more lighte & nimble in fighting came armed in parchment shaped & counterfeited as hardlie the crafte therof coulde not be descried. The soldier in this sorte appointed, after a fewe blowes chaunced to hurte his ennemie on the face so sore as great aboundaunce of blood issued owte of the wounde. The Iudge fearinge least death wolde spedelie followe stepped forth & parted the fighte. Afterward beinge disclosed before the Iudge the crafte wch this soldier vsed in his armour to his owne advauntage, and preiudice of his ennemie, yt was required of the Iudge, that he might not receave anye honnor or reputacion, wherunto he that gave the blowe answered saienge If I haue fought in armour of parchment & not iron, it was my disaduauntage & greater perill, for yf mine ennemie had striken me vppon the legge, easelie shold I have bene maimed or slaine, and therfore mine armour in this sorte made cannot be accompted deceiptfull aduauntage. On the contrarie it was replied that by deceipt & indirect meanes the hurte was geven & the fraye executed. The
[120r] Iudge gravelie consideringe every reason & circumstaunce pronounced sentence in the favour of him that gave the blowe, as to whome the deserte of honnor dooth apperteigne, because wth leggs vnarmed he hath fought & vanquished his ennemie, hurtinge him on the face, beinge the hiest and most worthie parte of man. ffor wch respecte & suche like he deserueth most honnor sith disarmed thorough good circumspection & skill he hath hurt his ennemie in that parte, wherof only he was not armed. Wherfore vndoubtedlie the honnor ought to be his as worthelie he deserueth. And this case hath once hapened in Catalogna.
Of two knightes that foughte for life, the Prince desirous to parte them, putteth downe his staffe. The one after hurteth his ennemie sayenge he sawe it not. What chastisement such disobedience deserueth? ~ .
Ca. 31.
Twoe knights hauinge longe time fought for lyffe and death wthin the lists before ye Prince who seinge that wth great courage & virtue, either of them hathe performed his parte, and made resistaunce wthout disaduauntage, sodeinly putteth downe his staffe, & staieth the combatt wheruppon one of the fighters laieth by his weopon. The other feirslie flienge in striketh him vppon the hande, for wch disobedience the Prince offended, furiouslie entreth into the lists wth intent to chastize the disobedient knight, and so in anger dooth pursue him. The knight per ceivinge the offence of his Prince fleeth about the lists & in thende protestinge the feare of his Princes ire, renneth owte of the lists thinkinge that the same sholde not be preiudyciall to reason & hys honnor, & wth such ptestacion he lefte
[120v] the feilde. hereuppon the hurte man who still remained wthin the liste desired definitive iudgemente in his owne favour, wch in respecte of his ennemies disobedience and fleinge was Due. Besides all that sith vndr the protection of the Prince & disarmed he was hurte the ennemie ought to be pronounced a traitor vnto wch allegacion by him that was fled, it was answered, that the staffe of the Prince ought to be put downe at such time as both the fighters commodiouslie might see it, wch at that present was not, for that his horse was then in advaunsinge, wherby he could not perceave the prohibition of the Prince, nor the puttinge downe of the staffe, wherfore havinge vnwares hurt his ennemie, he ought neither for treason nor disobedience to be punished, no nor for fleinge owt of the lists to lose his honnor, seinge the same was done to giue place vnto his Princes Ire. ffor that it is commaunded by the devine commaundement, that all men sholde eschue the anger of their offended Prince, wch happeneth manie times thorough falce information and therby the due proceeedinge of Iustice disordered. ffor a Prince ought to punish the offenders in Patience & not in offence, otherwise the same sholde not be iustice but rather crueltie whosoeuer therfore flieth the angrie countenaunce of his Prince shewth therby a signe of force & obedience. All wch considered it maye appeare that constrained and wth protestacion vnwillinglie he abandoned the lists and therfore wthout preiudice of honnor or losse of the same yt sholde be adiudged. By sentence of many knightes it was determined, that he who alleadged not to se the Princes staffe sholde be sworne thervnto, and yf according to his allegacions he affirmed the same by othe That then notwthstandinge the presumptions to the contrarye he sholde be acquited both of treason & losse of honnor, though in deede he had forsaken the lists. ffor by Iustinian the Emperor a lawe was made, & confirmed by the Pope, that whatsoeuer Emperor kinge Prince or other Potentate, wch commaunded his officers to exequute any subiect sodeinlie that the same officer sholde not perfourme nor obey the same inconsiderate commaundemente, but sholde staye thexecution for xxty daies in wch time it were likely that the Ire of that Prince sholde cease, & therfore it were meete in this case a staye to be taken, ffor we reade in the Romaine histories
[121r] that the Consulls appointed to the administracion of Iustice in the common weale had continuallie borne before them a bundle of small wandes or roddes tied together wth a Corde, manie times straightlie bounde abowt them wherby to put them in minde that yf anye Consull hapned to fall into collor or anger & therin desyred to punish, that then he sholde not performe his entent therin vntill such time as this bundell were vntied in wch space his anger might happelie decrease. Dante the Poet saieth, that the sworde of God dooth not cutt in haste, because yf it be founde by Iudges electe or the lookers on that this man was guiltie of disobedience to the Prince, or yt he refuzed to sweare, wherby his excuse of innocencye sholde seme feigned that then he sholde be grevouslie punished, as a traitor & lawfullie vanquished. And the other vnlawfullie hurte to receive the honnor as obedient & victorious, seinge he did euer keepe the feilde, wch is allwaies reputed a thinge very honnorable, and in all combatts iuste & worthie commendacion. ffor no man vppon any cause vniuste or other ought to forsake the feilde, till the Iudge hath pronounced Iudgement because the possession of the feilde hath alwaies bene great reputacion and cheiflie to him that gained victorie. ~ . ~ .
Of a matche of seauen men at Armes against the Like nomber. ~ . ~
Ca. 32.
In a matche of seaven knightes against seaven others for triall of virtue & glorie, wth agrement wch parte did best performe the enterprise that the same sholde be adiudged to their honnor It hapened that five of the one partie did worthelie behave them selues, & the other two of that side were vnhorsed & fell to the ground by force of two others on the contrarie part, whose other five fellowes did verie evell, bothe in fowle ronninge & losse of launces. The question is whether partie ought
[121v] to be victorious? It maye be saide that the five well ronners sholde have victorie for that they were the greatest nomber, againste whome it was alleadged there were two of their fellowes vnhorsed thorough the virtue of the aduersarie, & therfore the losse sholde light on that side, because there is no greater dishonnor in actsof armes then to fall from horsback. ffor althought a man at armes hath all daye ronne faire & orderlie yet yf in thende he fall, no prise or honnor shalbe allotted vnto him. Therfore the reproch due vnto those two that were vnhorsed doth blemish the commendacion that the other five well doers on that side deserued. On the contrarie it was alleadged, that forasmuch as five companions of those ij best doers had verie evell performed their parts wth losse of manie launces. That therfore they were in worst estate, then they, havinge but two fellowes overthrowne. wherfore the aduersaries well doers beinge in nomber but two & they five the honnor ought to be theirs as a greater nomber of well doers. vppon wch consideracon of wch arguments it semeth that thease in respecte of the evell perfourmaunce of the five on the aduersaries parte wolde have the glorie of the other two to be no honnor at all. This doubt is to be decided cheiflie by men at armes rather then by Ciuilians or Philosophers. Yet my opinion is that the contrarie partie of those that were ouerthrown ought to be victorious, for that to fall from horsback is in the exercise of armes (as erst I saide) a most reprochfull acte, wherin appeareth viletie of minde, & lack of skill in ridinge and (death except) the greatest dishonnor that can happen to a gentleman professinge armes. Notwthstanding yf mine opinion shall not satisfie in this behalf? The Iudge maye put downe a Iudgement more certeine.
[122r] Of a challenger that in combat loseth his sworde whether the defender ought to be Uictorious
Ca. 33.
A gent beinge Challenged to fight for liffe, after longe & valiaunt fightinge in thende loseth his sworde. Notwthstandinge by retiringe wardinge & defendinge wth armes and handes saueth him selfe from thennemie, till the laste instaunt of the daye wthout beinge slaine, yeldinge or takinge. The question is whether this gent havinge evell in this sorte loste his sworde ought to be reputed as vanquished or to have the worse in losinge the princypall instrumente of battle. The lawe Ciuile affirmeth that the losse of the sworde & weopon is the greatest dishonnor in Combatt that can happen to anye gent, for that wthout his faulte the same cannot be taken awaye. The lawe imperiall & discipline of warre commaundeth that whosoever loseth his weopon, beinge founde by anie soldier or other companion it shall not be restored to the looser. But yf anie other thinge loste in battle be founde of right it ought in a due time to be restored. Notwthstanding to giue right iudgement in this case it is determined, that this gent was not overcome nor vanquished though by his ennemie disarmed & forced to flee about the feilde. ffor in battle for liffe wherin either death or deniall is required, neither the one nor the other beinge donne no victory is gotten, notwthstanding the sworde loste semeth to bringe somme honnor to him that tooke the same. Yet all thinge well considered the defendr hauinge lost his sworde deserueth praise for that disarmed of his sworde he coulde defende him selfe wthout losse of liffe libertie or deniall, and for thease consyderacions ought to be acquited of this quarrell, marie in combat for triall of virtue he deserueth most honnor yt gaineth the ennemies sworde. But in this case he is most worthie commendacions that disarmed defendeth him selfe, then he that wth weopon coulde not offende his disarmed ennemie. wherfore I remitt the Iudgement to expert soldiers, yf better reason shall move them thervnto. ~ . ~ . ~ . ~ . ~ . ~ .
[122v] Of a certeine knighte that brought to the feilde, a ball of artificiall fire wch caste Uppon the grounde kept backe the ennemies horse.
Ca. 34.
A gent called to combatt for life vppon breach of faithe, or defiaunce of honnor or somme other iuste occasyon presenteth him selfe wth launce & sworde to mainteine the quarrell vppon the defender. And comminge into the lists findeth the defender there havinge certeine balls of steele full of small holes, & wthin them burninge fire, wch balls he threwe vppon the grounde stayenge him selfe behinde them. By subtlety of wch artificiall fire the horse of the challinger grewe afraide & notwthstandinge manie spurrings, refuzed to approch the defender, but rather thorough increasinge feare, did more & more against his masters will retire. The craftie knight seinge theffecte of thease balls havinge store of them, from time to time, duringe all the daye threwe downe anewe, & so till thende of the daye saued him selfe. The question is wch of them ought to be victorious. It might be saide that forasmuche as it was agreed that wth launce & sworde only the trouth sholde be tried, that therfore the artificiall device of the defender, cannot be preiudiciall to the reputacion of the Challinger, comminge like a valiaunt knight wth weopon meete for a soldier, & that the defendr hath declared disobedience in not presentinge him self wth armes according to promise, wherin he hath omitted duetie & shewed points of cowardice by seminge to flie the fighte & exercise of true armes, wheras the other boldlie & redelie appeared orderly wherfore he ought to receave the honnor & victorie as thoughe he had bene victorious. And the defender faylinge of the perfourmance of his promise ought doubtles to lose the honnor for not havinge answered accordinge to covennte but as it were retiringe behinde a wall of fire in the presence
[123r] of his ennemie, wth much dishonnor defendinge him selfe not wth weopon meete for a gent but rather wth fire & flame not like a knight, but as Ulcan the Sicilian smith who as Poets saye was the firste inventor of thunder. On the contrarie it was alleadged, for because the nature of combat for liffe is, that therin all crafte & subtletie to the terror of the ennemye may be vsed, that therfore he coulde not be adiudged as victored, vnles the Challenge had bine for triall of virtue & pruffe of armes wherin to vse crafte or guile were a thinge most reprochefull and dishonnorable, notwthstanding thoughe in deede in combatt for liffe all crafte be allowable, yet is it ment that no invented subtletie shalbe admitted, wherby the fighters are letted so as the one maye not approch the other And surelie whosoeuer by artificiall crafte holdeth his ennemy from him shalbe reputed in blame as thoughe he fledde. ffor the inventors of suche subtleties were moores, a nation most base & vile, wherfore such as practize the like shalbe holden dishonnorable. The Challinger then in this case shall receave honnor as deseruinge the same both for courage and Iustice.
When in combatt for liffe the one denieth, the Uictor dooth pardon him that is Victored whether notwthstandinge the Iudge maye punishe him, or lett him wth his posteritie remaine as a traitor.
Ca. 35
[123v] When in fight for liffe betwext two gentlemen the one is vanquished yelded & taken & wth deniall craveth pardon of liffe, of his taker who courteouslye graunteth therunto, yt is demaunded whether this prisonner ought by the Iudge to be punished, for that at his comminge to the feilde he swore yt to be true wch he tooke in hande to defende. The opinion of divers knights is that grevouslie he sholde be punished, and besides to be dishonnored wth all his pgenie those excepte yt before that daye of battle were borne, yet somme are of minde that he ought not to be iudged a traitor because sometime treason against a wicked tiraunte, breaking all lawes of devine & civill Iustice is sufferable, as was the deede of that famous Capteine who tooke revenge of the woman adultered, giving the ennemie leave to enter the contrie of his infidell Prince, who was therby depriued of the crowne in disdaine of infidelitie wch is no propertie of a gentleman, yet in this case he shalbe noted of infamie, for not havinge performed but fayled of that truste his Mr reposed in him. Notwthstandinge he that was vanquished hath committed no treason although in quarrell vniust he were overcome. But yf in quarrell of treason he shold in this sorte yelde & wth his owne mouth confesse him selfe a traitor, then the case were otherwise & ought of treason to be condemned. Wch Iudgement hath also place where any man hath betraied his contrie or Prince because then he ought also to be published as a traitor, wth all his posteritie ever as erste I saide, exceptinge those that before that daye were lawfullie borne. wherfore it is to be noted that in respecte of the othe to defende the truth & default therof as periured that therfore only he shalbe iudged a traitor. ffor yt such othe cannot make the offence more grevous then of nature it is, neither can that offence be converted into treason, when therin is no kinde of treason at all. Neither sholde the punishment of the faulte be altered or increased, for that the defender wolde dyfende it. And albeit thorough force of armes (as is before saide) it was confessed, yet the triall by combatt for liffe is manie times doubtfull & not ever true yea it is proved by manie aucthorities and auntient writers that somme in rightfull quarrells have bene vanquished, for God sometimes dooth permitt the same for other synnes, & not the faulte wheruppon they fighte. Albeit that this man hath
[124r] by force of weopon denied his owne wordes, & confessed the contrarie to his othe wch is in iudgement of armes avayleable, & the contrarie therof cannot be avowed, yet the same beinge done for feare, it is not so lawfull as yf it were altogether voluntarye because whilest the knife was vppon his throte he confessed contrarie to his entente. According to the lawe written he that sweareth falcelie in a cause criminall, though the offence be proved vppon him, yet the periurie shall not be punished because it is permitted that every man may everie waye dispende his owne bloude in the terror of Corporall paines, wth false ptestacions, for no man is bounde wth his owne mowthe either to condemne or accuse him selfe, much more they that fight who doe beleve to have iustice, & not to vse dishonestie. Neither can any periurie exceptinge infidelitie occasion condemnation to deathe, neither shall he be reputed a traitor though he swore by his Prince. ffor Baldo and Andrea d’ Iserina doe saye that where by battle any fault is proved ffor that such pffe is not altogether certeine, the punishment whold rather be diminished then augmented. ffor yf a man accused of manslaughter dooth fight in that quarrell & is overcome, yet ought he not to lose his heade but his hande wher wth he is chardged to have committed the facte, and in this case his posteritie shall not be defamed as traitors, nor towched wth the ffathers faults vnles he hath committed treason against his prince or Contrie. ffor in thease offencs onlye, the dishonnor of the ffather dooth remaine in bloode to Children, as though they were begotten of a ffather infected wth Leprosie and their bloode so stained as no learned Phisition coulde cure the same. In thease two cases aforsaid Treason to Prince & Contrie, it was ever permitted to come to combat, because it is lawfull to kill a Traitor to contrie & Prince, & beinge deade he ought not to be lamented or mourned for, No, nor to have a signe of sorrowe for the losse of any such auncestor. So seveare is the punishmt of treason either against Prince or Contrie, as the lawe commaundeth the sonne to be punished for the ffathers offence. The holie scripture saith, your fathers did feade on weedes, & the teeth of their Children shalbe frozen. wher fore includinge it was saide that the opinion of those was
[124v] vtterly falce who affirmed this man to be pronounced a traitor vnles it were for one of the two causes before recited, yea though him self confessed to have fought in a quarrell Iniuste, yet in respecte of this feare no firme credit is to be geven vnto him selfe. ffor the moste parte of those yt are put to tormente doe confesse that is not true thorough force therof. The lawe therfore willeth that such confession shall not stande vnles by other presumptions it appeare verie likelye, that he who is tormented hath committed the offence wherwth he is chardged as for example, one confessinge that he hath slaine a man in the woode. The Iudge ought forthwth to give order yt the place be serched, for the findinge of the deade bodie, and not finding any suche he that made the confession must not be punished, for yt the same is not by serch verefied. ffor this reason it is concluded that those yt by force of armes doe yelde although by iudgement of armes they remaine defamed & vanquished yet maye not be reputed as traitors, but shall continue as repulsed as in one other Chapiter it hath bene declared. ~
When one in combat is Vanquished and after alleageth that he confessed an Vntruth beinge forced therto, appeareth he ought to be harde.
Ca. 36.
In combat for liffe a question was moved by one who confessed therin that he had not iustice, and after desirous to saye the contrarie alleadged that by force of armes, & for feare of lyfe he had spoken that was not true. The question is yf a man in suche a case ought to be harde. Baldus saith that the nature of particular battle is such as no force or feare after victorie can be alleadged, for otherwise it sholde not be battle, & this is true because force is iuste when the same is performed, for proof & triall of trouth, cheiflie when wth order necessarie & due circumstaunce the battle is taken in hande
[125r] the Iudge & place chosen according to the stile of Chevalrie also when likelye presumptions be against the accused, & by witnes it coulde not be proved (as in one other chapter was before saide) yf anie gentleman be so vanquished cannot in that case alleadge either force or feare because it sholde be his greate reproche when voluntarilie he had taken vppon him to fight before a Sufficient Iudge, where it coulde not be presumed that anie partialitie coulde be founde. ffurther when either partie was sworne that wthout slaunder they sholde defende their righte the confession followinge it cannot be obiected that by force he had saide anye thinge, when before iudicyallie in examination of battle, they fought man to man in defence of their quarrell. yt was confessed when either partie by assente alleadged armes & that he who were overcome sholde be by devine iudgement vanquished. ffor Iustice willeth that who so defendeth vntrouth shalbe beaten doune and truth dooth allwaies put downe the sworde that is drawn against her & taketh awaye his force yt so fighteth wherefore in battle for triall of trouth falshoode is ever oppressed & he that fighteth wth iustice carieth a minde invinsible wth assured hope of victorie wch as the Philosopher saithe ought ever to followe. ffor it may be presumed that God wch fauoureth Iustice commeth from heaven will not defende the wicked. Iustice commeth from heaven & truth springeth from the earth & so the one embraseth the other, in the favoure of truth & disadvauntage of falshoode wch is approved by manie aucthorities as in one other booke in latin I have written. ~ . ~ . ~ . ~ . ~ . ~ . ~ .
[125v] When the Iudge departeth the combatt for pittie or other cause, not attendinge the ende. whether anie of the fighters maie complaine.
Ca. 37.
The Iudge moued wth pittie parteth a cowple of gent fightinge wthin the lists, the one alleageth that at such time as the staffe was put downe he was in greate hope of victorie havinge his ennemie at much advauntage, who forthwth answered to the contrarie saienge that for manie respects he might have bene victorious, yf the ende had bene sene, for in matters doubtfull manie times it happeneth contrarie to expectacion. It is demaunded what sentence the Iudge ought to give seinge neither partie was overcom nor victorious It was answered as was before that the state of the battle must be considered, as it was at the time of the staffe put downe and as the fighters had behaved them selves till the time that the Iudge was moued to depart them, & so particularlie to declare the same, alleadginge whie he did departe them. Also it must be published that for pittie the Iudge did departe them. Also it must be published because in battle for life the fighters ought not hastelie to be parted for that it wolde be offensive to either parte & vniuste by reason that he who findeth him selfe in good estate suppozeth to have cause to complaine of the Iudge, sayenge that the Iudge shole tarie the ende of the victorie wch he easely might attaine vnto. The other in worse estate might replie saienge they might have bene parted when his estate was better, and therfore the Iudge staienge till his ennemie had the advauntage he semeth to shewe partialitite. wherfore the cause importinge dishonnor wch is, when men fight vppon case of treason murder faith broken falshood or other crime, the Iudge not sufferinge the manifestacion committed great error, for then he ought to attende the ende & in no wise to departe, for els it sholde be crueltie & no pittie for
[126r] therby the truth & iustice sholde appeare, otherwise greater inconveniencs sholde ensue betwext the fighters who wolde goe to somme other place for perfourme the combatt, & might also murmure wth them selues wch of them were culpable. Notwthstandinge in cases not criminall the Iudge might lawfullie staye the fight because it is at the discretion of him so to doe. But in combatt for liffe the ende must be taried wch either by death or deniall is determined If otherwise it be done yt may be by clemencie of the Iudge, but no iustice militarie or right in armes. ~ . ~ . ~ . ~ . ~ . ~ . ~
When one of the fighters is hurte wthin the Listes, he beinge hurte ouerthroweth the ennemie, & putteth a knife to his throte readie to kill him. The Iudge doothe parte them, the hurt man dieth wch ought to be Uictorious. ~ . ~ . ~ .
Ca. 38.
Twoe men at armes determininge to ronne for liffe, at the first course the one is hurte wth losse of much blood who notwthstanding prepareth him self to ronne againe, & in that course vnhorseth the knighte yt before had hurt him seinge him downe, he dismounteth makinge waye vnto him who sat vppon his knee wth sworde drawne. The hurt man finding that the pointe of thennemies sworde was broken by the fall, draweth his dagger wch the Iudge perceaving commaunded the combatt sholde cease, wheruppon grewe controversie betwene the knights for the hurte man who vnhorsed his ennemie challenged him as prisonner. he on the contrarie side refuzinge saide by his virtue the ennemie was first hurte wch losse of much bloude, wch was greatlie to mine honnor, and that the Iudge ought to have abiden the ende in wch time I hoped for victorie. The Iudge reiectinge the
[126v] reason of this knight vnhorsed geveth present sentence in the favour of him that was hurte. wthin a small while after this knight adiudged to victorie wch much bleedinge grewe weake & in the ende fell to the grounde as deade. By reason wherof the other against whome the iudgement was geven, complayned to the Iudge sayenge that vniustlie it was pronounced againste him as the deathe of thennemie declared. The Iudge answered that he sholde retorne to his former state & so determine the battle The condemned knight replied that the cause was ended by the weaknes of his hurte ennemie, & that him self remayninge in the feilde alive & stronge ought not to be condemned for vanquished. Nowe the question is whether the sentence of the Iudge was iuste or not? It may be answered that it was at the beginninge in his Choise to allowe or refuze that Iudge. Notwth standinge albeit the matter rested nowe in the discretion of the Iudge yet ought he not in matter of so great weighte so sodeinlie determine to the preiudice of any parte but sholde abide the verie ende so as non coulde have cause to complain for not attendinge the vttermost end of the combatt. The knight vnhorsed alleadged moreover that the Iudge did departe the fight when that he was in worse estate, and therfore in this case had declared (rather pittie then iustice & cheiflie in gevinge definitiue sentence. ffor a Iudge ought to have declared the estate of the battle in every pointe sayenge that for pittie sake he suffred them to fight no lenger, because in combat for liffe as I have often saide either death or deniall must determine the victorie, althoughe a thowsand woundes were before appeared This Iudgement therfore was not geven according to lawe but pittie, doubtinge least els death wolde ensue. The knight vnhorsed may also alleage that he refuzed to retorne into his former estate in battle because he had hurte the ennemie to the death and sawe him wthin the feilde to sounde, then beinge parted by the Iudge he was hardlie entreated beinge therby disabled to tende the Combatt. he might also require that in somme other place & before somme other Iudge he wolde retorne to fighte where better Iustice might be founde. In such case the Iudge shoulde make lres Patents notefienge therby in what sorte the matter had passed betwext the gentlemen so as in that sorte declaringe the cause & termes of the parted combatt for triall of truth & honnor of either partie, the same maye
[127r] be Iudged by sommoe other. And this I saye vndr Correction of all men at armes and Champions yf it be thought meete that thease knights sholde goe to somm other place to determine their battle as of like cases we will hereafter speake more particularlie where we shall intreat of Appeales. ~ . ~ .
When the Prince that graunteth combatt doth pardon the Uictored, & commandeth that he shall neither be slaine nor prisoner. Whether the Uictorer maie challenge his chardges & the Ualewe of his prisonner at the Princes hande.
Ca. 39.
Beinge demaunded by an officer of of [sic] armes whether a Prince takinge vppon him yt Iudgement betwext two gentlemen at defiaunce & to declare trulye their proceedinge in battle & the one havinge gained victorie of the other wthin the listes. The Prince moved wth Compassion permitteth not the victorer to enioye the victored as his prisonner, but to declare further pittie will have the prisonner to be deliuered. The question is whether the Prince in this case vsinge compassion & no iustice, be bound to paye the gentleman victorious his Chardgs or not? ffor as I have often saide the Prince holdeth place of a sufficient Iudge, & therfore ought not nor cannot take awaye the honnor of anie partie cheiflie when they be not his owne subiects, & though they were, yet lawfullie he colde not doe it though he mighte. The lawe of nature is subiect to reason, therfore the Iustice of everie one is iustlie to be oberued That Prince that proceedeth otherwise, shewth tyrannie & iniustice. Therfore he ought to take heede of
[127v] iniuste dishonnestie Notwthstandinge yf a Prince vppon iuste recuse for the proffit of the common weale will save anye gentleman from death or Captivitie beinge a good soldier & fitt for the warrs or for other speciall deserte of seruice done in such respectes the Prince maye lawfullie, so that he iustlie do satisfie the victorious knight, aswell of all Chardgs as he had disbursed for the combatt as also of so much moneye as for the coste of his retorne to his contrey is thought conveniente gevenge therwth the honnor & victorie. he is also bounde to give him the ransome of the prisonner as the lawes Ciuile saye, The Emperor also in his lawe Cottico affirmeth that yf a Prince will manumise a bondman he shall paye vnto his lorde the price of his saide man, because it is vnsemlie that a Prince sholde deale againste Iustice wth any man, for his Princypalitie is geven vppon condicion that no man shall receiue iniurie. It is written of Philip duke of Milan that a certeine Neapolitane knight winninge victorie in his presence, and taking the knight victored as prisonner was requested by the duke to save the life of the Prisonner. yt was forthwth by this noble Neapolitane graunted, In consideracon wherof he desired the libertie of a Baron who for offence remained in prison wch the duke gratiouslie graunted. wherfore in thease cases, let vs followe the example of noble Princes.
Finis
Libri Octaui
[128r] [page blank]
[128v] The Nineth
Booke, wherin mencion is made of such
as doe yelde them selues Prisoners in
Combatt or particular fighte, and promise
to be at the Devotion of the victorious
Iff A man Uanquished in personall com:
bat not beinge slaine, nor dooth denie his
worde but yeldeth him selfe a prisonner
whether his aduersarie beinge Uictori:
ous may afterwardes kill him or not.
Ca. Primu:
A certen knight beinge desirous to make
proofe of his virtue and valewre ware an Emprese
or devise & published yt yf any other gent durste touche
the same he wold fight wth him yt sholde doe it for life & death
wth Condicion that wchsoeuer of them were vanquished, sholde re:
maine a prisonner to him that was victorious. This knight
comminge to the Courte of a Certeine Prince & proclaiminge
there his Challenge, at length stopped forth a worthie gent
who (suppozing that all others for wante of Courage had re:
fuzed to answere the Challinger) manfullie towched the de:
vise & accepted the Condicions of the Challinger. After:
wardes comminge to Combatt the one became vanquished &
yelded prisonner, & wthin a fewe dayes the partie victorious
determined to kill his prisonner, the Iudge was demaunded
whether he might lawfullie so doe or not. Therto was answe:
red that albeit the fight was for life & death, & that the par:
tie vanquished might have bene in the Combat iustlie slaine
by his ennemie, yet the Combat beinge ended & the resistaunce
[129r] of the fighte ceased, the anger ought also not to continue. ffor
the victorious havinge once accepted his ennemie as his prison:
ner & he yelded him self as victored ought not after to be
slaine, no more then by the auntient lawes, the prisonners
that be taken in publique battells & preserued till the battle
be finished are & of right ought be kepte still aliue & were
called Serui, for that they were not slaine but seruati. Cino
saith that a man beinge yelded may not be killed. And the
decretall commaundeth that to souldiers yelded mercie sholde
be geven, vnles such prisonners may disturbe the common quiet
At this daye the custome in Italie is that whosoeuer is ta:
ken as yelded or fleinge not makinge more resistaunce ought
not be after slaine. The lawe also saith that whosoeuer sleeth
his prisonner after the battle sholde be grevouslie punished
And Baldo affirmeth that whosoeuer yeldeth in battle maye
be at the same instaunt put to the sworde, but afterwardes he
ought not. ffor havinge once saide I yelde my selfe into thy
hands he cannot be handled contrarie to custome of the warre
& otherwise then all Soldiers & good gent have allwaies here:
tofore entreated their prisonners.
If a Prisonner beinge yelded dooth obteine
libertie, & retorneth. whether he to whom
he is prisoner maye commaunde him base
seruices & thinges Unfit for a gentleman.
Ca. 2.
Twoe gentlemen havinge performed a
Combatt for lyffe & death wth condicion that yf any
of them were victored alive he sholde be a prisonner to the vyc:
torious, the one beinge vanquished and prisonner was by the
vanquished suffred to goe vppon his creditt. At length beinge
called for & appearinge was commaunded to the exercyse of
vile seruices, & was vsed as a slave & not like a gentleman
[129v] As to be ledde wth his lorde tied in chaines and in disdaine forced
to feede vndr the table, also to digge in the vineyarde & employed for
a mulettor. The Iudge was demaunded whether by lawe of
armes the gent vanquished ought to be vsed in so base seruices? the
opinion of some soldiers hath bene, yt he maye be so handled
but others more discreete saye he ought not, wherunto the lawes
Ciuile doe agree affirminge that a man taken in fighte maye
not be vsed in anye seruice vnmeete for a gent. The same lawe
also commaunded that, yf anie lorde doe cruellie entreat his
prisonner he shalbe constrained to sell hym, much more reasonablie
ought a gent taken in battle to be vsed wthout crueltie & not be em:
ployed in seruices vnworthie his estate, & the profession of the
warre. wch was the sentence Diuo Pio the Emperor speaking
against those that cruellie entreated prisonners taken in the war
who were in auntient time vsed as slaves. This was the
opinion of that Emperor in his lres written to a Proconsull
that desired his Councell howe to proceede in that matter. It
is also the common custome not to enterteigne gent prisoners
in suche affaires. Also a vassall beinge bounde to serue his
lorde personallie, ought not be employed in accions vnfitt for
his qualitie, nor wherin he hath not bene trained. yet may he
whose Prisonner he is compell him to serue in the warre, &
vse his aide in any particuler quarrell, or otherwise employ
him in anye seruice meete for a gent, and as others in like
fortune have bene. But the Prisonner beinge lett lose vpon
his creditt & retorned accordinglie ought not anye more be
putt in prison as it was by certeine notable capteines determined
in the person of the L. Roberto de sanseuerino The contrary
was committed by the duke of Borgogna in the person of
the duke of Anioye, who beinge taken in the feilde and set
at libertie, followinge Marco Regolo the noble Romaine, &
retorned vppon his honnor, was by the space of thre yeares
holden in prison, & like vnto Marco Regulo put into a barrell
of nayles & so died. Moreouer Baldo saith that such as
be prisonners in Combatt for liffe ought not be slaves to
them whose prisonners they are, neither maye they be vsed
contrarie to the custome of Chivalrie, wherfore when:
soeuer a gent prisonner be commaunded any vile servis
he shall not be bounde to obeye. In like manner a vassall
[130r] cannot be by his lorde commaunded to anye seruice to base for his
degree. ffor Andrea de Iserina saith that a dishonnest seruice
put vnto a vassall ought be chaunged to a seruice honnest & law:
full wherby his condicion may receive none indignitie. he saith
moreover that yf any great Baron being bound to doe somme cer:
teine seruice to his kinge yf the same Baron doth hap to be
a kinge in somme other Contrie, that then his former seruice
ought to be chaunged into an other more worthie fitt for the
regall degree wherto he is aduaunced. lastlie he saith that
yf a lorde doeth commaunde any gent his vassall to be his
foteman or Carrie stones to his buildinge, the gentleman
ought not obeye him.
Yff a man vanquished in combatt and
yelded prisonner be suffred to goe at li:
bertie, to retorne at ye call of the Uan:
quisher, yf his prince doe likewise send
for him wch of them he ought obeye.
Ca. 3.
A gent taken Prisonner in Combatt accor:
dinge to condicions agreed vppon being after suffred
to goe at libertie vppon his faith to retorne personallie at the
commaundement of his taker was called for by him, & hapened
to be likewise commaunded by his Prince (whose subiect he was)
to serue in his warre, the question is to wch of them he is bound
to obeye. ffor havinge both geven his ffaith to his taker, & beinge
by allegiaunce bounde to his Prince, it semeth doubtfull whe:
ther he ought to preferre, because every subiecte is from his
birthe bounde to serue his naturall soueraigne, & on the other
side a mans faith ought to be as carefullie kept as his liffe, as
in the former Chapiter by Marco Regulo we maye finde to
have bine perfourmed, and in verie trouth wthout great reproche
[130v] and shame a gent cannot breake his faith, wch by two reasons
may be proued. ffirst for that all gent professinge armes
& beinge reputed defenders of the common weale, whensoever
they falcefie their faith, the state sholde not afterwards put
them in truste, and havinge bene before conversaunt wth the
Prince ought be afterwarde that fault committed, removed
from his presence as Traitors, personns infamous, & vnworthie
the conversation of men. yet in this case notwthstandinge
the promise of the Prisonner he ought to obey his Prince
because he is first by alleageaunce & othe to him bounde. And
albeit at his vanquishment, he was bounde to his vanquisher
yet must that bonde not be in preiudice of the Prince, to
whome before that time he was in lawfull obligacion. ffor
albeit that his faithe geven to his taker, ought assuredlie
to binde him yet the lawe commanndeth that the Prince
sholde be obeied before all others, because all other othes not
wthstandinge everie subiecte before the persormannce of them
was bounde to oberue fowre thins. His faith to God, his
faith to Gods church, his allegiaunce to his Prince, whose
Subiecte he is, and his faith to his contrie, wherunto his love
ought be greater then to his Parents. But yf so be yt
the Prince hath none occasion of the Prisonners seruice
then is he bounde to performe promise, to his taker & go vnto
him. ffor havinge first obeyed his Prince, that done, he
ought to obeye his taker. ffor yf a gent the vassall of a
Prince be taken in warre & suffred to goe vppon his faithe
yf of an other Prince ennemie to his owne soueraigne he be
Prisonner, notwthstandinge his soueraigne doth otherwise com:
maunde yet is he bounde to retorne vnto his taker, & obserue
his ffaith because he was taken in the seruice of his owne
Prince, and therfore in that case the naturall Prince is
not the firste to whome fidelitie was geven. The reason
therof is, the Prince vsinge the vassall in the arre dooth
therby hazarde the interest wch he hath of his person, bin:
dinge him to the Iustice of the warre, & cannot excuse him
from oberuinge faith to his taker. ffor the same reason when
soever any gent or other beinge a subiecte doth fight by licence
of his Prince, or that the Prince is Iudge of the combat
yf the Subiecte be vanquished the Prince cannot after
[131r] wtholde the saide subiecte from his Taker, neither ought the
vanquished to obey his Prince, thoughe he wolde so commande
But yf it happen that the gent victorious after the com:
bat shall become a traitor to his contrie or Prince, in that
case, the Prisonner is not bounde to obserue his faith. ffor in
respecte of the treason the victorious looseth his honnor, &
the victored is dispenced wth for his faithe. Because the
Ciuile & canonicall lawes doe determine, that no prisonner
is bounde to appeare to his taker yf the taker standeth
excommunicate.
A gentilman Uictorious hauinge taken A
Prisoner dooth suffer him to haue libertie vpon
promise to retorne. yf after beinge called he doth
refuze. whether his Prince maye enforce him to
performe the promise.
Ca. 4.
It hath bene an olde question that a Prisonner taken
either in the feilde or in particular Combatt, beige suffred
to goe at libertie vppon his faith whether his Prince
maye lawfullie compell him to retorne to his taker, or
whether he be in iustice bounde to obserue his faith. Baldo saith
that to an ennemie of the common weale no promise or faith
ought to be kepte, the same is also affirmed by the decretall
likewise yf a man be iniustlie imprisonned and dooth vpon his
faith goe at libertie is not bounde to retorne to prison. But
yf a Prisonner taken in lawfull warre be suffred to have
such libertie & retorneth not he shall therin greatlie offende
The like sinne he committeth that beinge lawfullie condemned
dooth breake prison. yet yf a man be holden prisonner by
theves or by souldiers, that wthout lawfull commission do spoile
the Contrie, & let go vpon his faith, he is not in yt case bounde to
[131v] Retorne or paye ransome, but yf the warre be lawfull, & the
prisoners lawfullie taken, they are bound to retorne. As Bar:
tholo and Innocentio doe affirme. And yf it be doubted whethr
the warre be iuste or vniuste he is also bounde to retorne, mary
yf it be apparaunt that he is vniustlie taken, then althoughe
he sware to retorne yet is he not bounde to obserue his othe
Baldo saithe that yf a gent sholde pmise to goe vnto a place
certeine wthin one moneth & by the waye be commaunded by
some great lorde vppon a Penaltie that he shall not goe fur:
ther, yet that impediment ought not iustlie excuse him, be:
cause in beinge vniustlie staied he ought to flie, vnles he dooth
sweare not to departe. wherfore in conclusion I saye yt by Ciuile
Iustice promie is to be kepte in the cases aforesaide. And
therfore noble gent professinge armes doe holde opinion yt
both in lawfull & vnlawfull warre wthout any distinction
faith is to be obserued. And likewise all prisonners in privat
combat beinge yelded before a Compotent Iudge, yf they be
suffred to goe vppon their faith ought to performe promise
vnles by the Emperor they be wtholden. ffor Marco Regulo
thoughe he was assured of certein death, yet wolde he so
doe to presrue his honnor & fame.
When a gentilman beinge Uanquished
& prisonner dot become a lorde, Prince
or Duke, whether he be then bounde to re:
torne to his Taker?
Ca. 5.
Twoe gentlemen beinge at defiaunce did
determine to fighte on horsbacke wth thease condicy:
ons. That wchsoeuer of them were vanquished, sholde lose his
armes, his horse & be accompted a traitor, It fortuned that
the one of them beinge vanquished, was by the vanquisher
admitted to goe vppon his creditt & retorne whensoeuer he
were commaunded. This prisonner happening to aspire to
[132r] greater honnor, did alleage in yt respect he was not bounde to
his promise, forasmuch as the promise beinge made in his
lesse fortune, could not binde him, havinge attained to greate
dignitie. hereto by the victorious knight was answered, yt
the dignitie of the Prisonner was not required, for he
made claime to his person as a simple gent, who beinge aspi:
red to greater is estate is the more bounde to oberue his faith
This case beinge laide before the Iudge, it was demaunded
whether the Prisonner ought obey or denie to retorne to his
taker. The Ciuile lawe conteyneth one question like vnto
this, that yf a vassall beinge bounde personallie to serue
his Prince, be aduaunced to a dignitie equall wth his
Prince or at the least to such honnor as in respect therof
it were vnfit for him to doe that seruice wherto he stoode
bounde, then the lawe saith he is dischardged of the seruice,
so that his dignitie were not before his vassalage. The
doctors doe affirme that the dignitie wch happeneth
to men dooth excuse & deliuer them from vile seruises
& all seruitude because no dignitie ought to be disestemed
Likewise yf a common serunte becommeth an officer, or a
notarie be made a knight, he cannot wthout reproche of
Chevalrie be constreyned to write instruments of lawe.
fforasmuch as the lawes doe geve manie privyledges to
dignitie & the preseruation therof Andrea de Iserina
saith, where a Baron doth holde his Baronnye of
a kinge, yf that Baron doe aspire to a kingdeom, he dooth
therby becom free, & is no longer bounde personallie to serue
as a Baron, but shalbe admitted to have his substitute
because he is not bounde to seruices vnfitt for a regall maiestie
& is therfore to channge his seruice into somme other semelye
for a kinge, as to paye somme sommes of money or ayde him
in the warre. ffor it were vnsemely for an absolute kinge
to serue an other kinge personallie. Also Baldo saithe
that dignitie falling vppon any subiecte doth geve him li:
bertie as yf an advocate be bounde to serue at the lawe, yf
he aspire to a busshopricke he is dischardged of his seruice
because that dignitie is more worthie. In lyke manner yf
a bonde man be made a soldier or have any other dignitie
geven him by the Prince he shalbe free, because every
[132v] worshippfull or honnorable dignitie dooth take awaye all bondage
and a man beinge made a Preiste is acquitt of the interest
of his father. ffor thease reasons we saye that a private
gentleman beinge a prisonner, yf he doe attaine to a princy:
palitie ought be dischardged of his obligacion, & his faith
empawned, ought be by money or otherwise redemed. Andrea
of Iserina saith that his seruice must be redemed, accordinge
to the valewe of his substannce when he yelded prisonner, &
not accordinge to his powre beinge a kinge. ffor otherwise
his dignitie sholde be to his disaduauntage, but the same not
beinge bonde as is a private person, becommeth free thorouogh
newe honnor, notwthstandinge faith geven, & so the lawes Civile
& cannonicall doe affyrme, that manye things conteyned in this
case are worthie consideracion. ffirst whether the person that
is bounde vppon his faith be in the same estate that he was
at the time of his faith geven. Secondlie that there be no:
thinge hapened wherby his obligacion is made voyde, as for ex:
ample, yf a man dooth sweare to marrie a certeine woman
& before the mariage solemnized she becommeth blinde, a harlot
a leper, or falleth into somme other incurable sicknes or open
infamie, for in all such cases a man shall not be bounde to obserue
his othe. One of theas accidents happened where the
Relme of Denmarke was governed by a duke, who beinge
taken Prisoner by the duke of Burgondie & suffred to goe
vppon his faithe was commaunded to retorne to prison, before
wch time he was made kinge. Yet notwthstandinge wolde
obserue his faith, & appearinge was kepte. ffor wch doinge
he was greatlie reproved, for that in respecte of his regall
dignitie he was not so bounde to de, yet so doinge was
called a seconde Regulo.
[133r] A Soldier taken by thre, & beinge priso:
ner to them all, is by them al at once cal:
led for, to wch of them he oughte obeye.
Ca. 6.
Iff a Soldier doe happen in thre sondrie warrs or
in thre sondrie Combatts to be taken & suffred to goe
vppon his faith, makinge pmise to all at one time to retorne
vppon callinge. The lawe willeth he sholde performe his pro:
mise to ye first of his takers, but yf his promises were made al
together, & there callinge of him all at one instannt, then ought
he appeare to the moste worthie or to him who sent the first
message. And in case he receiveth lres of commaundement
from them all by one messenger, then ought he go to him whose
lre was first opened. for so the doctors in lawe doe wth this
distinction decide the doubte.
Whether A man Uanquished, & accepted
prisonner to goe Vppon his promise, maye
redeme his faith for money or otherwise
Ca. 7.
By the lawes Ciuile it is thought a prisonner maye
make composition wth his taker, so yt he be fullie contented
& paide for the presruation of the combatt & his coste in tra:
vell to the place of fight, where havinge victorie & Iustice
the victorious maye take satisfaction & remitt the victored
of his obligacion. Innocentio saithe that whosoeuer moveth
warre vniustlie, is bounde to satisfie the damage done therin
and paye his chardgs against whome the warr is made &
therfore the partie vanquished, (who is presumed to
[133v] have fought against iustice) may be released as yf he had bene taken
in a Iuste warre, or may by his taker be holden, or put in prison till
he hath paide his rannsome. The Ciuile lawe sayth moreover
that though such a prisoner hath not money wherwth to redeme
him self, yet having serued his taker the space of five yeares
he ought be set at libertie wthout payenge for his diett. Also a
man imprysonned for debte of money, yf he be by his creditor set
at libertie for such a somme as he is hable to procure, wherwth
his creditor is once satisfied, he cannot in conscience after demande
more. And in case he be not hable to paye anye thinge his credy:
tors maye requite his seruice for a time certeine in liene of the
debte. yet shall not any prisoner be employed in seruises vnfitt
for his degree, for so doinge the prisonner is not bounde to serue
by may lawfullie flee, or yf for Charitie or other occasion he
be released he is no more bounde to paye anye thinge. And whoso
hathe a prisonner geven by his taker he cannot after sell him
as shalbe declared.
A man Uanquished in personall fighte
& yelded prisonner is geuen to the Prince
whether the Prince maie put him to ran:
come.
Ca. 8.
A gent beinge vanquished & made prisonner
in Combatt for life, was desired by a Capteine generall or
the Prince him self beinge presente to have the prisonner
A question was demaunded of the Iudge whether the
Prince havinge obteyned the guifte of the prisonner might
put him to Ransome? The lawes ciuile doe saye he cannot
And Baldo affirmeth of the same case, yt who so ever is
frelie geven to his neighbour ought not be solde, because it is
against Iustice to make merchanndize of men. And the
first Queene Johan of Napoli having invited the lorde
Galeazzo of Mantoua to a notable feaste in Gaietta wth sa:
ued to daunce wth him, and the daunce beinge done, the L. most
humblie knelinge thanked the Queene for that honnor, and
[134r] there vowed to wander the worlde till suche time as he had vanqui:
shed two knights in Combat, & them he promysed to present vnto
her matie in recompence of the princelie favour she had done him.
Then traveled he into diuers countries, & in the realme of England he
valiantlie vanquished one knight, the like fortune he had to be vic:
torious of one other in Burgonde, then beinge possessed of thease
two honnorable prisonners, according to pmise he presented them to
the Qwene & she wth great honnor graciouslie receaved them
at his hande, wch done, the Qwene cawsed the Captyve knights
to be richlie apparoled, liberallie furnished wth money, well horsed
honorablie accompanied, & safely sente home to their contries.
ffor doinge the Contrarie, the Cannons of St Peters church
in Rome were greatlie reproued, makinge a gent who was ta:
ken prisonner in Combatt & geven to them, to swepe the Churche
wthout respecte of Courtesie or honnor. ffor the prisonner beinge
freelie geven ought not to be vsed in base seruices, but entreated
wth compassion & mercie, and as he had bene gratefullie geven, so
ought he gratiouslie to have bene vsed, restored to libertie.
Whether A man Uanquished & made a
prisonner, shalbe also a prisonner to ye sonne
of the Uanquishedr after his death.
Ca. 9.
A certeine knight hauinge wthout deniall
or death vanquished his ennemie accordinge to the composition
receiveth him for a prisonner & dieth, after whose death his sonne
claimeth the Prisonner to be his, whether lawfullie he maye so
doe or not? ffor diuers reasons it is thought he maye, but cheiflie
because the victorie of the father doth honnor the sonne. ffor sithe
the dishonnor wch a man vanquished in Combat hath, doth not only
blemish the fame of his sonne but also of his whole posteritie, so
the honnor wch is gained by the father, ought be the glorie of
the sonne. And the Ciuile lawe saith that whatsoeuer the father
gaineth wth intente to leave to his posteritie, the same ought in
reason to descende vnto the sonne, and everie acte in lawe done
by the father dooth conclude the sonne. Neyther can this be called
[134v] a personall agremente priviledge of the father, because it was
a compacte or agremente, & every compact dooth extende from
the father to the sonne. ffor wch reasons the prisonner ought
by lawe to apperteigne vnto the sonne, so as that sonne be the
heire of the ffather. ffor it hath bene heretofore iudged, that
yf a prisonner be taken in the warre, and afterwardes dieth,
the prisonner shall remaine to the sonne, & he maye receave
the ransome Notwthstandinge somme souldiers affirme ye contra:
rie, alleaginge this onlye reason, that honnor in armes doth
not descende as inheritable, wherin they remember not that
by lawe of Chevalrie the infamie of the father corrupteth
the Children vnborne, wherfore as the Children do participate
of the ffathers reproche, so ought they haue part of his honnors
ffor as shame is due, so is also honnor, according to the quali:
tie of mens meritts.
Iff A prisonner suffred to goe at Libertie
vpon his faith, & beinge called to retorne
dooth alleage impediment, whether he may
so doe or not?
Ca. 10.
The Emperor hathe Iudged that yf a souldier be
licenced by his Capteine to followe his owne affaires &
doth not beinge called appeare to perfourme such seruice in the
warre as he is commaunded vnto, then ought he be punished
vnles he alleage a lawfull lett or impedimente wthout frawde
or deceipt. ffor in somme cases a prisoner ought to be pardoned
although he fortune to faile of his apparaunce, as yf he
were employed in the seruice of his contrie or common weale
or yf he be imprisonned or vsed in the warre of his owne
Prince whome he maye not abandon, or yf he had promised for
a certeine time to serue in some other place, & the time not expired
[135r] or yf his taker becommeth a Rebell or is excommunicate, or yf somme
notable quarrell doe againe happen betwext the saide Prisonner
& his taker, so as for feare of evell intreatie he doubteth to goe perso:
nallie vnto him, or yf his taker doe ioyne in firme frendship wth the
prisonners ennemie, or yf in respect of a newe warre they become
ennemies, or yf the waye wherby he muste of force passe, be not
saffe, or that the tempest be so terrible as he cannot traveyll. In
all such Cases, includinge lawfull & vnfained excuses, the lawe
Ciuil dooth provide that a prisonner shalbe pardoned. Notwthstan:
dinge so sone as the saide impediments be removed, he ought retorne
to his taker and obserue his ffaithe.
Whether A prisonner taken in combatt for
life maie be geuen & made the prisonner of
an other by guifte of his taker.
Ca. 11.
The lawe saith that a vassall or leige man cannot
wthout his owne consente be graunted to an other who is equall
or of lesse condicion, then is the lorde of the vassall, But yf he
to whome he is geven be a greater person, then the prisonner maye
be accompted as his in respecte of the victorie & not by waye of
sale. ffor Baldo hath heretofore alleaged, that buyenge & selling
of men is no lawfull trafique. Also by custome of chivalrie
a Prisonner is not to be graunted over, because the Prisonner
at his takinge yeldeth to his taker only & therore cannot be ge:
ven to an other though he to whome the guifte is made be the
sworne gever frende of the gever. ffor asmuch as the prisonners
submission passeth not into a thirde person, although the priso:
ner had so promised.
[135v] Whether a man hauinge slaine a rebell in
combatt, maie claime the rewarde promi:
sed by the Prince.
Ca. 12.
A certeine Prince havinge proclaimed that
whosoeuer coulde apprehende or kill a Subiecte of his, become
a Rebell sholde for so doinge receiue a rewarde. It hapened that
the same Rebell for not performinge his promise or for somme other
cause (and not for anye matter towchinge the rebellion) dooth come to
combatt for life wth an other gent, & is therin by him slaine, who
praieth to haue the Princes promised rewarde for killinge his
Rebell. The Question is whether in Iustice he ought have
it or not. By the Iudge it was determined that he ought
not because he slew not the rebell, for thentente of the Princes
proclamation, nor for the offence done to the Prince, but for
satisfaction & defence of his owne Quarrell & honnor, or for
not beinge vanquished of him. ffor wch consideracions the re:
warde that was offred must be geven onlye to him that sholde
purposelie, & not for privatt hate or other cause, not concerninge
the Rebells faulte, offende him.
Howe that he who dieth in combatt
dooth not die a Slaue, but maie make
his testament & receiue the sacramente
Ca. 13.
The lawe provideth that a Bonde man maye not make
anye testamente nor doe anie other Ciuile acte. But the
doctors doe affirme, & (as cheif of them) Baldo that a man
vanquished in Combatt, is not a slave or bonde man to the van:
quisher, because he maye make his Testament wthin the lists
before his death, or after he be drawen owte. But yf he
[136r] die wthin the lists he maye not be buried in any churche, yet be:
inge repented of his synnes maye receiue the sacramente, so that
he ptest he come to the Combatt for no speciall malice or entent
to murder, but inforced therto for his owne defence, the maintenance
of truth, or the necessitie of his Contrie.
Whether ye spoiles of the vanquished oughte
apperteine to the Uanquisher.
Ca. 14.
It hapened that two gent richelye armed wth furniture
Jewells & other braverie came to combatt, the one of them
beinge slaine in fighte. A question arose whether the
spoile of the dead man did apperteigne, to the victorious to the
Iudge or to the heire of the gent slaine. Angelo of Perugia
saith, that yf it were capitulated betwext the fighters, that the
spoiles sholde be geven vnto the victorious, then was there no
reason to the contrarie, but that he sholde enioye them, or though
no such agrement were expreslie set doune. yet his opinion was
that the horses & armour ought be his in signe of victorie, & the
dishonnor of the victored. ffor whosoeuer taketh a prisonner in
warre, is owner of all things he weareth, & the generall
vseth to geve such spoiles to his souldiers. Notwthstandinge
particular fighte semeth to be of other nature, and that the
victorious hathe not interest in any thinge but the person of
the victored. ffor such battells be performed for honnor onlye
& no pffitt or intencion to possesse the spoiles of the victored
Somme souldiers affirme that the spoiles of the victored
doe apperteine to the Iudgs of the feilde, & their ministers
and this opinion is growen by auntient custome, & maye be al:
lowed when one of the fighters be slaine in combatt, as yf a
Purveior doth die in the Campe his goods shall apperteigne
to the generall of the armie. But yf we shall deter:
mine herof accordinge to the order of the auntient Romaines
such spoiles were called Spoglie opime as Liuis affirmeth
ffor whomsoever anye generall or other capteine had wth
his owne hande slaine anye other leader in particular fighte ye
[136v] Spoiles of the deade person were Iudged his. As Romulo
first kinge of Romaines havinge broken the battle of the Cininen:
si, in followinge the chase was encountred by their kinge called
Acrone, wth whome he fought personallie, & havinge slaine him,
spoyled him of all things about his person, and caried the same
to the Capitoll & honge them vppon a poste, there making a
solemne vowe to the Godes to builde a temple in honnor of
Jupiter feretrio enioyninge all his Successors duks princes
kings or Emperors that shall aspire to possession of spoiles so
gotten in private fighte man to man to offer them vp & leave
them in the same temple. Plutarche also maketh mention that
the like Spoglie opime have bene celebrated & offred (accordinge
to thexample of Romulo by diuers famous capteines & conductors
of armies, as Cornelio Cosso who slewe Tullio kinge of the Toscani
and Marco Marcello that killed Brennio kinge of ffraunce,
and caried their victorious spoyles to the same place as Tito
Liuio in his booke ab Vrbe condita witnesseth. The like
was done by Tito Manio sonne of Manlio the consull when
he personallie fought wth Metio. The same Tito Manlio
sonne of Lucio did also hande to hande sleae a frenche Cap:
teine of great stature, & tooke from him a Coller or chaine
of golde, & hauinge embrued it in the ffrench mans bloode
put the same abowt his owne necke. wheruppon since that time
all his Posteritie were called Torquati. Liuio also
maketh mencion that Tito Cuintio Crispino beinge challenged
by Badeo Campano did vanquish him in combatt & tooke
from him both horse & armour. Of manie others we reade
in the Romaines daies that did take from their ennemies
bothe armes & horses in token of their victorie, all wch are
examples that in publique warrs the spoile of those that
were vanquished did apperteigne to the vanquishers. But
in particular Combatts that matter is to be iudged accordinge
to the custome vsed by men professinge armes, or els accordinge
to the condicions agreed vppon by the fighters wherin no mention
made, the question ought to be iudged accordinge to the lawe
But the Herehaults & other officers in armes oe saye the
spoiles apperteigne to the Iudge & them his ministers by
auntient custome obserued. It is saide that kinge Carlo
[137r] the thirde haunge in personall combat vanquished and slaine a kinge
of Hungarie, tooke from him the badge or emprease he ware in his
Creste wch was the heade of an Elephante holdinge a horse shoe in
his mowthe, which badge he gaue all his liffe in signe of that vic:
torie, and afterr his deathe kinge Lanzalao his sonne gave the
same in memorie of his ffathers glorie. It hath likewise even till
this daye bene vsed, that all ensignes badges & standards wonne
in particular fighte are by the winner of them kepte duringe his
liffe, and after deliuered to his posteritie. ffor wch reason a cheif
Herehaulte was asked whether one kinge havinge vanquished an
other in Combat might take from him his Crowne? who answered
that he might not only take from him his Crowne, but also all
other spoiles of deuice or honnor, as banners, armes, & everie other
badge worne for glorie, like vnto the Romaine Princes who
havinge wonne any victorie of their ennemies, brought the ensignes
or standards to Rome in token of their victorie. In like manner
retorninge to the purpose, I saye that whosoeuer is victorious
maie in signe of victorie, & for his euerlastinge fame, take from
the vanquished all armes ensignes & horses belonging vnto him
though by custome the Iudge & his ministers have before time had
them.
Whether A man accused entringe into com:
batt with his accusor & not beinge Van:
quished oughte to be acquitt.
Ca. 15.
A certeine knight offringe to prove by his
sworde that wherwth he had chardged an other came to com:
bat wth him for life & deathe. But the gent accused did
defende him selfe so well, that the accusor coulde not vanquish
him. And therfore the daye of combat beinge ended, desired
the Iudge to have an honnorable sentence pronounced in his
favour, & be absolued of the infamie put vppon him by thaccusor
praienge he might be punished accordinge to the qualitie of
[137v] the offence, and as him self sholde have bene punished, yf he had
bene victored, or els requireth to have the accuser for his prisonner
as him self sholde have bene losinge the victorie. The question
demaunded of the Iudge is whether the demaunde of the accused
be iuste & reasonable, wherunto was answered, the first pte
of the demaunde was reasonable, & that he ought be absolued
& acquieted of the accusation, also the accuser ought to confesse
& pnounce him self a slaunderer, that vniustlie hath taken
armes against the gent accused, & therfore ought to receive
condemnacion as periured. Touching the seconde parte, where
he desireth to have him punished accordinge to the faulte obiected
the Ciuile lawes doe saye that everie slaunderer ought be punished
Concerninge the thirde where he requireth to have the accusor
prisonner, the request is not reasonable. ffor it suffizeth that
the accusor be condemned as a slaunderer, periured, & the accused
be acquite of the fault wth honnor. And albeit diuers lawes
doe saye, & the custome of Chevalrie hathe decreed, that the
accuser ought receive the punishements required by the accused.
yet when the Iudge enioyned him to suffer otherwise, that Iudge:
mente sholde suffize, for otherwise the punished shold for one
faulte, receive manie punishments. But yf this accuser
shall Challenge one other gent, he may be repulsed. And by the
constitucion of Federigo ought be punished for making such
Challenge. Also in the case abouesaide, the accusor shalbe
condemned in money for havinge rashlie defamed & chardged
the accuzed.
Whether a Prisonner is taken by a base soldier
oughte to be the prisonner of him selfe or
his capteine.
Ca. 16.
[138r] Twoe Armies one beinge ennemie to the other
were encamped in the plaine feilde. It happened yt
a soldier of the one campe challinged to fight for liffe wth a
soldier of the other campe. And havinge obteined licence of the
generalls, they determined to proceede in the combatt wth thease
condicions, that wchsoeuer of them were vitored shold be the pry:
soner of his capteine that gained the victorie. The combat be:
inge ended & one of the fighters yelded, the Capteine whose soldier
had the victorie, accordinge to composition claimed the prisonner
but the victorious soldier refuzed to deliuer him, sayenge that sith
the victorie was wonne wth his owne bloode, the prisonner
ought be his. ffor notwthstandinge he were yelded to his cap:
teine yet cannot the same remove hys intereste. the quest:
ion therforee is, whether the prisonner doth abteigne to the cap:
teine or the souldier? Baldo saith, that yf a Soldier taketh a
Prisonner in the feilde notwthstandinge the prisonner did
yelde to his takers Capteine, yet ought he be the soldiers pry:
sonner, the reason is, that by his virtue & not the capteines,
the prisonner was taken. ffor in such cases we ought not have
respecte to the wordes of the prisonner, but looke by whose force
he is vanquished. But yf after yeldinge he be set at libertie
& will for reverence confesse him self to be the prisonner of
the Capteine, then shall he be reputed, because the soldier in
settinge his prisonner at libertie, semeth content he sholde yelde
vnto his Capteine. But yf contrariewise he holdeth the pry:
sonner, kepinge him as his owne, and refuzeth to accept him as
yelded to his Capteine. In a generall fight it is otherwise, for yf
a prisonner be taken in battle or skirmish, he shalbe accompted a
prisonner to the Capteine generall, yf to him he did yelde & not
to his taker. Notwthstandinge I submitt mine opinion to the
customes militarie wherin diuersitie is made whether the
soldier victorious be a seruaunt or a soldier to his capteine vndr
whom he serueth. wherfore Baldo of Perugia made distincti:
on where the taker releaseth a prisonner, & where he is not released,
ffor in the first case he is the prisonner of the Capteine, & next the
Prisonner of his Taker. wch is the Trwe Iudgement
of this Question.
[138v] Whether it be lawfull to alter the quarrell
within the lystes.
Ca. 17.
Twoe gentlemen fightinge for liffe in cause
of honnor, the one of them knowinge he maintained a
matter againste iustice & trouth, in fightinge did continuallie
geve grounde, as one that knewe him selfe worthie to be victored,
his ennemie seinge him offer so often to geve grounde & fle from
place to place wthin the lists, saide thus vnto hi. Turne thee
Traitor & defende thy selfe, theruppon the gent fleinge tur:
ned vnto his aduersarie & answered I will renounce our first
quarrell & mainteine that I am no traitor as thowe falslie
haste called me. And in thende the gent newlie iniuried &
called traitor was victorious. Neuertheles the gent victored
praied sentence in his favour, alleaginge that his ennemie
victorious coulde not chaunge the quarrell to his preiudice
& fight vppon a seconde. Because the first quarrell begon
ought be first performed, & therfore coulde not be iustlie vic:
toried by his ennemie, who abandoned the first quarrell.
wherunto the gent victorious replied sayenge, the first quarrell
was ended by his expresse renouncinge therof, & it oughte
suffize he had victorie in the laste, by the sufferannce of
God who allwaies fauoureth the righte. The other answered
that he ought not in a case of honnor be victored by his ennemie
who had renounced the quarrell, confessinge him self therby
to be periured & vniuste, & therfore in the second quarrell
may be repulsed as a recusante, & ought not after be admitted to
fight for honnor. The question is what sentence the Iudge
ought to geve in this case? wherunto I saye, that in right &
true iustice, they ought both to be pronounced victorious, the
first in respect of the first quarrell, the other in respecte
of the seconde. ffor the one in renounsinge his first quarell
ought be reputed vanquished, & in the second is notwthstanding
[139r] A vanquisher, because in the first by his owne confession he
is vanquished, but beinge in the seconde victorious the gent that
gained the first victorie ought be for two respects accompted as
victored, for that it was lawfull for the gent iniuried, vppon the
iniurie of wordes to fighte. ffor seinge the imputacion of
treason requireth presente revenge, & the iniurer in that
cause by fightinge semed to accept the quarrell wch he was
not bounde to doe, but havinge accepted the seconde quarrell
ought of right to be victored, seinge they might have refuzed to
fighte theruppon, because he was not in that daye bounde to
mainteine more then the first quarrell wch his ennemie
had vnsaied. he might therfore have praied iudgement vpon
his favour in the firste, & differred to performe the nexte
quarrell till an other daye. In such cases the Iudge ought
to enquire of men worthie credit, that did most diligentlie
see what was done, & heare what was saide by the fighters
& then pronounce the sentence abovesaide, wch (vnder correc:
tion of gent of better iudgement) is the trwe & iust sentence
As for example yf I do claime a thowsand ducatts to be
due vnto me by an other man, who (the suite dependinge)
demaundeth of me a thowsand sheepe confessinge his debte
in this case sentence ought be geven in favour of vs both, be:
cause the one wth his owne mowth confesseth the debte, the
other is proued by sufficient witnes And therfore in
iustice both ought be satisfied.
Of one that yeldeth wthout denienge
whether the combat beinge ended he be
bounde to denie.
Ca. 18.
[139v] Twoe gent fightinge within the lists for cause
of honnor fell both to the grounde, the one then
gettinge aduauntage put his dagger to the others throte,
sayenge, yelde thy selfe my prisonner, wch he did & was accep:
ted. Theruppon they departed them seslues, & stoode vp on their
feete, but before they wente owt of the lists the gent victory:
ous saide vnto his ennemie, that sith they had fought for
cause of honnor, it suffized not the victorie was his, but wolde
also that thennemie shole confesse him seslf a Prisonner
& denie all the quarrell. ffor in combatts of honnor, either
death or deniall is required. wherunto the prisonner an:
swered, forasmuch as he was receiued a prisonner & the
fight ended, he was not bounde to make more denialls. The
gent victorious replied saienge, that seinge he was a prisoner
he might constraine him to denie, because the combat for life
is of such nature, that so longe as the fighters have weopon
in hande, the combat is not ended, and havinge spoken those
wordes, threatned wthhis sworde t make him denie the
wordes. The other still affirmed that the combat was not
wth such condicion agreed vppon, but that the vanquished sholde
be a prisonner & not otherwise. The gent victorious
notwthstandinge persistinge in his request saide they
ought retorne to their former estate for he wolde force the
prisonner to denie. The other answered he wolde not fight
for that quarrell wch was not iuste, for he was not bounde
to retorne to that place of disaduauntage, where he was
yelded, beinge let loose wth pmise to be onlye a prisonner. In
this case it is demaunded, whether the prisonner be bounde
to denie, or retorne to that estate wherin he was when
he yelded? wherunto may resolutely be answered that he
ought not. ffor beinge once accepted for a prisonner, the
gent victorious cannot alter that wherwth he was once
pleased, & the rather because he had wthout more request
let the prisonner lose & departed wth his owne advan:
tage. Angelo of Perugia gave this opinion of two gent
of ffraunce fightinge at Padoua affirminge that when:
soeuer a gent dooth yelde in fight & is accepted the combat
is ended & the parties cannot repent them. ffor he that
[140r] Whether a Prisonner goinge at libertie
vppon his faith be bounde to appeare
at his takers call, hauinge any lett.
Ca. 19.
Twoe noble gentlemen vppon quarrell of
great importannce and the condicions aforesaide
came to combatt wthin a liste made for the purpose
nere vnto the campe of Francesco Sforza the generall in Italy
& thone beinge vanquished was suffred by his vanquisher to
goe vppon his faith & retorne whensoeuer he were called
It hapened shortlye after that the noble man victorious ha:
vinge warre wth an other lorde, called for his prisonner pre:
pared for the warrs, & he vppon knowledge therof happened
& in that seruice behaved him self so couragiouslie & politi:
quelye, that thorough his virtue the victorie was gained
The victorie by his virtue thus wonne desireth his taker
that in respecte of this seruice he might be dischardged of
his promise, & remitted to libertie, and was demaunded of the
Iudge whether for this greate meritt and seruice he maye
iustlie require libertie, wherto was answered, that yf a
bondman by his virtue and valewre doth deliuer his lorde from
any dannger, by lawe & conscience he deserueth libertie, to
thende that others by example therof maye take hope & harte
by such meanes to enter into perill for their maisters And
the Emperor have commannded that yf any Mr shall for
so great a meritt refuze to enfraunchize his slave, he
may be compelled therunto, for it is a thinge belonginge to
religion, & iustice, to rewarde seruices, & the contrarie is
an acte bestiall. ffor publique favours arewth precious
guifts & no ingratitude to be rewarded, because ingratitude
plucketh vp good deserts by the roote, & stretcheth in sonder
[140v] the sinowes of virtue, wch vice raigneth more in man then
in all creatures, howe vnreasonable so ever they be, for they
doe never forget anye good turne to them done. The triall
therof is seene in the dogge, who havinge received one peece
of breade, notwthstandinge he be after diuers times beaten
doothe not seeke revenge, but at the least cherishing doothe
seeke to be reconcyled & shewe his kindnes. likewise the
Merlion, a moste delicate fowle having taken a birde doth
as a presruative against the coulde & moisture holde the
same all night in her foote, but so sone as daye appeareth
letteth her lose, and though afterwardes she ketcheth her
againe yet will she not anie more in respecte of the benefit
received doe her more displeasr, nor praye vppon her though
she be never so hongrie. Our saviour christe also founde
faulte wth ingratitude when havinge healed ten persons
of the leprosie, he saide that only one of them had geven
the glorie due vnto God. This ingratitude was that
wch made Lucifer to be cast from heaven into the bottom
of hell. So vennemous a serpente therfore ought be re:
moued from the mindes of all men, who ought not for thank:
fullness be surpassed by beasts wthout reason. ffor
vnthankfull folke may be resembled to venemous serpents
for they havinge receaved the bennefit of heate, so sone as
they be coulde do bite them that have done them good
And so we see by experience that ingratitude raigneth
more emonge barbarous people then any other nation.
Whether A gentleman taken prisoner
in combatt, & lett goe Vppon his faith
& denieth he is a prisonner, may be by
his taker called againe to combatt.
Ca. 20.
[141r] Iff a gentleman be by an other taken prisonner
in Combatt, sholde afterwardes denie him self to be van:
quished, it is resolued that his taker is therby wrongfullie
denied his rights & the prisonner breakinge his faith
committeth infidelitie, as in the seconde booke hath bene de:
clared, wherfore the gent victorious maye againe compell
him to combatt & pve that he was vanquished. In suche
cases the Notarye of the Iudge ought to make publique
instruments of the victorie, & is in deede bounde to kepe
them to testifie the proceedinge of all combatts, and what
channces in them hapened, to thende that the victorious maye
have proofe of his victorie either by therby or by the
lres Patents of the Iudge.
Iff two men at Armes do agre to ronne
a certeine nomber of courses, or fighte
a certeine nomber of blowes, wth their
mases or swordes, whether they maye
ronne or fighte more then the composition.
Ca. 21.
In auntient time men at armes did vse two sorts
of devises, or (as they called them) Emprease, the one
was when they entred into combat for life, the other
when they fought for triumphe & triall of virtue. ffor in
combat for life on horsback or foote, it is lawfull to vse, anye
subtletie or aduanntage, because the Combat is not ended
wthout deathe, denyall or vnsayenge, But in combat
for honnor only virtue & triumphe. The fighters maye
havinge perfourmed the nomber of Courses or strokes
leave at their pleasr, either wth or wthout advanntage
and he that hathe most manfullie & couragiouslie perfor:
med his parte ought to enioye moste honnor & glorie.
[141v] As for example who so doth most lightlie or nimblie beseme him
selfe in armour, and that wth moste iudgement striketh and
wardeth, or that moste aduisedlie awaiteth his ennemie
or that wth moste conninge handled his weopon, both on offence
& defence, or that striketh most feircelye, or that in best order
answereth the violence of his aduersarie, or that wth beste
time & measure moueth his foote & handes, wch are necessa:
rye things in offence & defence, or that geveth blowes to beste
purpose & is readiest to defende him selfe, & ceaseth not at
fitt times to offende shalbe iudged to moste honnor, like:
wise he meriteth honnor that winneth moste grounde of
the ennemie or that beste defendeth the grounde he hath
wonne, or he that never turneth his face, or he that is stric:
ken wth the sworde pointe & is not amazed, or beinge
stricken on the heade doth not stagger, or that never loseth
his footinge by violence of the ennemies blowes, wch weare
as great dishonnor to him that fighteth on foote, as yf beinge
a horseman to fall from the horse, and therfore who so wth
his kne or heade towcheth the grounde, incurreth disgrace
But he that wthout hurte of his owne person draweth
bloode of thennemie deserueth most honnor of all. he
that is hurte in the hand is lesse dishonnored that then he
that is hurte on the foote, notwthstandinge the hande be
placed highter, or because the hande beinge employed to the
offence of thennemie and defence of the bodie is more
subiecte to hurte then is the foote wch is warded by the handes
Besides that the foote is not hurte so easelie or wth so small
hazarde to the offender, moreover the feete be those mem:
bers wch gouerne the fighte by goinge forwarde in measure
& time, or retiringe as cause requireth he that is hurte be:
fore deserueth lesse dishonnor, then he that is wonded behind
And therfore Uigetio de re militari geveth councell that who:
soever will enter into combatt to gaine honnor therby sholde
be skillfull in the science of defence. Also Solomon saith that
in battle wisedome is no lesse required then force, & the honnor of
a Soldier is the stroaks he geveth as is beforesaide. And
forasmuch as he who weareth the Emprease, vseth to make
condicions wheruppon he entendeth to fighte we will here:
after intreate of them.
[142r] Iff a man Weareth an Emprease, & one other
man dooth touche it, wch of them ought be challinger
Ca. 22.
Wee have saide heretofore that whatsoeuer gentleman wea:
reth an Emprease of combat, is bounde to fight wth him that sholde
towche it, wch semeth reasonable. ffor yt the wearinge of it dothe
stire vp the mindes of other men pfessinge armes to fighte, ffor yf it so
be that vppon such occasion none sholde fighte, then he that weareth
the devise might boaste that no man durst for feare towche it, wch
proveth that he ought be the Challinger, sithe the wearinge of
the Emprease doth in it selfe pvoke call & Challenge all other
gent to combat. Yet to the contrarie maye be alleaged, that he
who did towche the Emprease ought be challenger, by reason he so
doth contrarye to the prohibition of the bearer therof, ffor
in layenge hande vppon it wthout leave, he semeth to assaulte
him that weareth it, & it is no small matter to touche the per:
son of a Soldier, wch the lawe taketh for iniurie & disdaine, &
in towchinge him doth offer combat to the wearer, who courteouslie
wthout offence to any doth carrie it. Also it may be thought
that in towchinge the devise, the towcher semeth to challenge, as
when a man in token of defiannce towcheth the nose of his aduersarie
as an iniurie. Moreouer he that weareth the Emprease is like
vnto him that hath fortefied a castle, or as a man that furnisheth
a ship wth great ordinannce, doth shewe therby, that whosoever
doth approch the castle wall or hurt the ship, must looke to be
visited wth shott, & so he yt doth approch the castle or ship, wch
shewth howe it is defended semeth to begin the warre. The
dogge beinge of diuers other doggs assailed doth shewe his teeth
in token of terror, the oxe likewise beinge set vppon by the beare
lion or other beaste his ennemie doth lie close to the ground &
shewe forth the sharpnes of his hornes. The like defence
we see is vsed by haukes estriges & other ffowles shewinge their
beakes & talents, as in the booke de natura animaliu we
maye reade, & for thease reasons I conclude that albeit the
owner of the Emprease doth stire vp the mindes of men to fight
yet he that doth the acte of towchinge is the Challinger, because
yf he towche it not the wearer of the Emprease will not doe
anye thinge againste him. And the Ciuile lawe saith that
[142v] who so towcheth the garments of his companion against his will
or that streketh the heares of his heade doth pvoke him to in:
iurie, but the wearinge of the devise in publique doth not in
particular offende anye gent, but only him that presseth foorth
& doth towche it, for the wearinge therof is iniurie to no man
Moreover the lawe affirmeth that who so defendeth his own
goodes and right committeth no iniurie, notwthstandinge suche
wearers of devises to provoke others to meddle in Combatts
pretendinge occasion to defende their fame or honnor, are those
of whome the holie scripture speaketh sayenge, that they com:
mitt mortall sinne in temptinge almightie God. And therfore
to them the Christian Princes ought not to admitt anye feilde
or Iudge for the performinge of Combatt. ffor yf they studdie
so much to shewe their valor, they sholde doe it against the
infidells in times of necessitie, & not christians, as here:
tofore hath bene declared.
Whether it be lawfull to touch an
Emprease, wthout leaue of the Lorde
in that Place.
Ca. 23.
To speake at more length of suche as weare volunta:
rye devises to fight for life, they shall vndrstand that no gent
or other pfessinge armes beinge a subiecte may presume to touch
any suche devise or Emprease wthout licence of his prince, or
the Cittie where he dwelleth. ffor it is forbidden to move
battle or take armes wherby slaughter maye followe wch is
the respect that wthout leave of a soueraigne the Emprease
maye not be towched. It is therfore the custome, that before chal:
lenge of Combat the Prince is sued vnto to grannt leave
that the fighters maye have place secure, where they maye
performe the Combatt. ffor otherwise doinge they deserue by
their Prince to be punished. And in the meane space ye challin:
gers doe commonly vse to holde them selues secrett, for not beinge
commannded the contrarie till licence be obteined.
[143r] Whether a gentleman before repulsed touch:
inge an Emprease maye be denied.
Ca. 24.
A certeine gent bearinge a device did therby
signifie he wolde fight wth anye man professinge armes
that sholde touch the same. It hapened that one other gent did
touche the saide Emprease, who for somme misdeede deserued to be
repulsed. The question is whether this reprobate knighte might
be denied to fight seinge there had bene no exception or capitu:
lacions of infamie or reproche. It was therto answered he might
not because the Challenge beinge generall at the first wthout
reseruation or distinction no repulse or deniall can be made.
But the Ciuile lawe affirmeth the Contrarie, that the ge:
nerall Challenge includeth only all persons allowable & none
others. As for example yf a kinge or Emperor doe make
an ordinance generall, that all Citizens maye be capable of
the offices wthin his dominions. yet shall that ordinannce be
construed accordinge to thentent of the kinge. wch was that all
Citizens chosen to those offices shalbe men worthie learned & fitt
for thexercise therof, & not those yt be men ignorannt & vnfitt.
In like manner maye the bearer of the Emprease make construc:
tion of his owne meaninge, sayenge his entent was to fight wth
all gent that were persons free from reproche, who by lawe of
armes may not be repulsed, and this is the right sentence of
the question, because infamous men, cannot in any constructi:
on of honnor be included seinge the intent of the lawe doth exclude
such sorts of men from all virtuous exercyses. ffor it cannot be
thought that anie honnorable gent professinge armes will
fight wth him that deseruedlie ought be repulsed. And
therfore it is mente by the honnor of the Emprease, that any
gent towching the same maye fight wth him beinge a man
of honnor & without reproche.
[143v] If two doe fighte for life whether
the Iudge maye departe them.
Ca. 25.
Whersoeuer two gent or other soldiers doe fighte
onlye for triumphe or triall of virtue, yt is lawfull for the
Iudge to departe them at his pleasr, but yf they fight for honnor
& life thende of the Combat muste in anye wise be taried or at
the least that one doth denie or yelde. ffor in such combatts accor:
dinge to the opinion of all men professinge armes, the Iudgement
of God will in thende of the fighte appeare. kinge Dauid in
his Psalmes saithe. Blessed be the lorde God that teacheth
& directeth my hands in fighte. Therfore yf the Iudge
shall goe aboute to depart men yt fight for honnor & liffe, he
shall therin doe an acte rather of pittie then iustice. The
Iudge therfore by his discretion ought only to doparte the figh:
ters after deniall to save the partie victorious from the sinne of
murder, for otherwise doinge is against the commanndement of
God. As it once hapened in Germanie betwene two barons who
in the presence of the Emperor, came on horsback to fight, in case
of adulterie. ffor beinge wthin the lists the one chardged the
other saienge, we have agreed to fight wth armour & weopon
fit for men at armes, & thowe arte otherwise furnished, wch
was expreslye denied. Nevertheles the gent still affirmed yt
so it was, till at length both the parties did disarme them to
their shirts, wch done the one retorned to perfourme the combatt
wherby the accuser knewe he had iniustlie chardged his enne:
mie, & therfore while he was in arminge againe, put spurrs to
his horse & fledd, & was not more seene that daye. The othr
who remained wthin the lists arminge him self continued
there till suche time as the Emperor gave sentence that
the furniture of the knight fled should be his in token of honnr,
because in fleinge he confessed to knowe him self to mainteine an
vntruth. Also fleinge the lists is a plaine deniall greatly
reprochfull, & he that so dooth maye in all Princes courts
Campes & Citties, be by other gent professinge armes
reproved & repulsed.
[144r] If A gentleman doe Weare an Emprease
& one other dooth touche it Whether
anie of them after maie refuze to fighte
Ca. 26.
In the beginninge of this treatise it hath bene saide
that whensoeuer two doe enter into the lists to fight, they
maye not after repente, ffor it resteth only in the Iudgs
discretion to departe the Combatt. And in this case who:
soeur towcheth the Emprease by lawe of armes & Chevalrie
is assuredlie bounde to fight. ffor as a man that setteth his
hande to a writinge doth therby as it weare binde him self
by othe to perfourme his promyse, or as he that holdeth vp his
hande in signe he affirmeth that wch is required of him
even so the towche of the Emprease in the Iudgemente of
Chevalrie is such an expresse obligacion, as afterwardes nei:
ther of the parties can repente or doe the Contrarie. In like
manner yf a Capteine doth holde vp an ensigne, or make
anye other demonstracion of assurannce to thennemie he is
therby bounde in no wise to violate or breake that safe conduct
So the towchinge of the Emprease doth for ever binde the tow:
cher, & the bearinge of the Emprease doth binde the bearer
to performe the Combat, any excuse to ye contrary notwthstanding
Whether a gent bearinge an Emprease to
fighte Uppon certeine condicions expressed
& the condicions not kepte yf the combat
ougte to cease.
Ca. 27.
[144v] In this case whosoeuer shall by ffravde or subtletie contra:
rye to the Capitulations set downe gaine victorie The
partie that offendeth ought be condemned as a Traitor. The
reason therof is because the Combat beinge vppon articles of
Condicion, whosoeuer procedeth otherwise either by advauntage of
weopon or otherwise by anye way committeth treason. It is therfore de:
termined that no frawde or deceipt ought be vsed in any combat
for triall of virtue or Emprease as may be in Combat for life
ffor who so breaketh the Capitulacion of him that weareth
the Emprease is to be reputed in such case as is he who wth:
owt defiaunce offendeth his ennemie, or that goinge towrds
the place of fighte hurteth him, or after the combat pe:
fourmed doth assault him.
Yf two getlemen doe fighte Vppon
condicions Whether by anie newe
iniurie they maie be broken.
Ca. 28.
Twoe gent did enter into the lists vppon
vppon [sic] occasion of an Emprease towched agreing
to fight wth armes certeine & a determined
nomber of blowes, havinge performed all the blowes, in thende
of the Combat the gent bearer of the Emprease saith to his
aduersarie. Traitor, yf thowe be a man, defende thy self
wheruppon he findinge him self by those wordes iniuried
continueth the fight contrarie to the Capitulacions, &
in thende the partie iniuried getteth victorie takinge &
vanquishing the iniurer to his great dishonnor. But
this gent thus vanquished & taken prisonner said vnto
the Iudge that his ennemie was a traitor for havinge
contrarie to the Capitulacions assaulted him, because
[145r] when he had perfourmed the nomber of blowes agreed vppon, the
advanntage was on his side, & for that reason ought not be a
Prisonner. wherto by the other was answered, that vppon
newe cause it was lawfull to violate the olde Capitulacion
& come to newe combatt, the rather because the occasion pro:
ceded from thennemie who called him traitor wch iniurie de:
serueth present revenge. And therfore seinge thennemie
had chardged him wth reproche the revenge therof ought
not be blameable. Therunto the vanquished did replie
that though by words he did iniurie him, yet ought he to
have repulsed the iniurie, & come to defiaunce before offending
wherby he might have bene more prepared for defence, then
by order of the Capitulacions he was, & thennemie ought
not vppon a newe quarrell offende before defiaunce, seinge
by order of the Emprease he stoode in securitie, & the nom:
ber of blowes were performed. Then the victorious
reioyned sayenge that the victored ought holde him selfe
defied because he called him traitor, while his sworde was
drawen, and therfore sholde looke for the assaulte present
ffor sithe he was provoked contrarie to the agrement
havinge weopon in hande, & moved therby to coller, reason
wolde that therwth answere sholde be made wthout further
delaie, and the rather because the maker of the Capitula:
tions did first breake them. The Iudge havinge harde
the reasons on either parte concluded That the touch of the
Emprease was a iuste cause of Combatt, & he that was called
traitor had true occasion of revenge against the iniurier, Not:
wthstanding yt were contrarie to the Capitulacions. ffor in
that case there nedeth not other defiaunce, because the challin:
ger did the iniurie, & theruppon it behoved the defender to
prepare to answere wthout defiaunce. ffor defiaunce is to
be loked for where the partie defied is not prepared, but
when they be both readie wth swords in hande, other defiaunce
is not to be required. And in this case it is to be noted that
the iniurie of beinge called traitor is such as aboue all other
reproches deserueth combatt. ffor the iniuried shold be repu:
ted as a traitor yf he did not revenge ye iniurie & might not wth:
out shame appeare in his Princes Cowrte but shold be amonge
all other gent professinge armes accompted vile & cowardlie.
[145v] Yf A gentleman dooth beare an Emprease
& the same is towched by thre sondrie per:
sons, wch of them oughte firste come to
combatt.
Ca. 29.
It channced that a Certeine gent came vnto a Cittie wher:
in were manie other gent & nobilitie belonginge to the Prince
of that Contrie. This gent ware openlye an Emprease, wch
declared that who so ever wolde towche the same sholde be bound
to fighte wth him in Combatt. It happened that duringe this
gent aboade in that Courte the Emprease was in one daye
towched by thre sondrie gent, of wch nomber one was an
Earle, then beinge offred to be fought wth of everie of them
it behoued him for his honnor to see them all answered. The
question is wch of them he is bound to fight first withe. The
Earle alleged that he was the worthiest person, & therfore
he ought come to combatt before anye other. An other saide
that he towched the Emprease firste, & therfore must firste
be fought wth. The thirde obiected that the Challinger pro:
mysed him longe before that so sone as a place, Iudge, & other
preparation for combat were made he wolde fight wth him
before all others. The Challinger him selfe saide it was
in his owne choise to fight firste wth wch of them he pleased, &
therfore wolde fight wt the firste wch done & he escaped
wth life he wolde answere both the other in order. Vppon
thease requests & allegations the Iudge was asked wth wch
of them he ought to begin, the like question hath bene alredy
demaunded yf a man be prisonner to thre, & is by them all
at one instannt demaunded to appeare in diuers places, great
doubt by our doctors hath bene made wch of tem he ought to
obeye firste, so in this case manie good reasons may be alleged
whie he sholde appeare to everie of them, & to choose is not
in the powre of him that weareth the Emprease, for so do:
inge maye preiudice the others, because the first fighter may
slea him, wherby the other shalbe robbed of their honnor be:
inge prevented. But my opinion is he ought to answere ye
[146r] Earle firste, or performe his [?] promise, either els put him
selfe to the discretion of the Iudge.
Of one that Uanquished his ennemie in
combatt upon Emprease, wth armes
more lighte then was agreed vppon whe:
ther he oughte be Uictorious.
Ca. 30.
It may be affirmed he ought not to have the honnor
of combatt.fforasmuch as it was capitulated betwext
the fighters that the combat sholde be performed wth equall
armes. Also, as hath heretofore bene saide, such as doe
fight for emprease or honnor ought not to take advantage
either in weopon or enie other waye, as may those yt fighte
for life, to whome is permitted the vse of all frawde or
deceipte. I saye therfore that the bearer of the Emprease
havinge set downe the Condicions, yf he knewe the ad:
vauntage that his aduersarie vsed then, although he were
victored, yet ought he not in enye wise complaine. But
yf he were not aware of any such crafte deceipt or ad:
vauntage of the ennemye he maye lawfullie complaine
therof for it is no reason that thennemie sholde by such sleight
& secret crafte carrie the victorie. yet in this case, seinge
there was no other difference in their weopons then light:
nes, the same cannot be accompted a fault in him that fought
wth the weopon of least weight. wherfore I refer the
iudgement to gent better experienced in armes.
[146v] If two ennemies doe take a truice, & the one
of them doe weare an Emprease, whether
the other towching it maie be refuzed to fighte
Ca. 31.
This Question conteyneth two doubts the
first is whether he that weareth the Emprease maye fight, &
in respecte of the time of the truise is not expired denie the com:
bat. The second is whether the towcher of the Emprease maye
constraine his ennemie to fight after the time of truise be ex:
pired, for seinge he that bare the Emprease bounde him self
to fight wth anye man exceptinge none, it semeth he maye
not denie this towcher, notwthstandinge the truise before
taken. It hathe bene alredie saide, that vppon anye newe iniu:
rie men maye iustlie fighte, notwthstandinge peace before
taken, but in this case the bearer of the Emprease cannot
come to combat wth his h olde ennemye, yf he (notwthstanding
the touche of the Emprease refuze to fight. And towching
the doubt whether the time of truse expired, they maye come
to combat, we answere resolutelye, that the bearer of the
Emprease coulde not duringe the truise challenge his olde
ennemie contrarye to promise made wth him, nor ye ennemie
by towchinge it take quarrell wheruppon to fighte. And
therfore seinge at that time the Emprease ought not be tow:
ched, the bearer therof is not bounde to fight wth him, because
duringe the truise he ought not to have worne anye Emprease
ffor wch reason, vnles after the time of truise expired the
Emprease be towched a newe, no combat ougt to be. But
yf that time be paste, & then the ennemie doth towche the
Emprease he shall therby binde him selfe to fight. And
this is the true sentence accordinge to Iustice vpon that
case determined, wch apperteineth rather to doctors in
lawe then soldiers.
[147r] Whether A gentleman bearinge an Em:
prease, & is Uanquished maye after be
repulsed.
Ca. 32.
To this question we answere yt notwthstandinge a
gent fightinge for life honnor of Emprease only be vanquished
yet maye he not of other gent be repulsed. ffor we haue before
expreslie affirmed that whosoeuer entreth combat for triumphe
or triall of virtue, needeth not at his cominge into the lists
take anye othe, as he ought who fighteth for liffe. Because he
who commeth to combatt for life the same is not determined wthout
deathe or deniall of one of the fighters. But who so fighteth only
for Emprease thoughe he be victored he doth not therby incurre
anye infamie that he ought be repulsed, wch is the cause yt for
the moste pte those yt weare the Emprease do lose victorie, for
that such challenges do pceede of pride, & temptinge of god &
men, hazardinge their liues wthout cause that towcheth their honnor
or fame. As it once hapened that a great officer in the warre
of Toscana tooke vppon him to weare an Emprease challenging
all men yt durst touche the same, till at length a seruannt to
a gent in thennemies campe by a Trompet, signified to this
Challinger, that vppon a daye certeine he wolde not faile to
meete him in the feelde, towche, the Emprease & fight wth
him vppon that Challenge, wheruppon the Challinger wth
his Emprease at the daye & place appeared, whether re:
sorted also manie other Capteines & souldiers, who marvey:
linge therat councelled him, that in respect he was a gent of
possessions & Capteine of a Squadron, he sholde not fighte
wth a common soldier, but rather appointe somme other base
man his equall. Notwthstanding he wolde needes pceede
in the combat & setled him selfe in great pompe, reddie
to ronne & encounter his ennemie, who beinge also prepared
to fight wth his better came foorth couragiouslie, bravelie
horsed & well appointed, bringing wth him certeine blacke
launces, & vppon them was written. Alla morte Alla morte.
[147v] Then sodeinlye sounded the trumpetts and his horse started into
Carier, makinge speede towardes the gent who as bravelie
incountered him. But at that incounter the gent was perced
thoroughe the heade wth thennemies launce, who prsentlie
retorned to his campe & was there received wth much honnor
The gent being sore wonded was wth muche difficultie
cured, & duringe his liffe caried in his face the skarre of
that hurte wch excedinglie blemished him. This example
maye informe other gent not to ronne wth launces, but when
tymes of necessitie doe so require. But towchinge this gent
though he were thus vanquished, yet ought he not in anye
other Combat be repulsed, because this fighte was not vppon
honnor & liffe. ffor a man victored in Combat for triall
of virtue, triumphe or vowe, ought neverthelesse be accepted
& allowed by euery honnest gent.
Of the ende of combatts for life.
Ca. 33.
The ende of all singular Combatts for life, is death
deniall or expresse confession of the partie vanquished to have
fought vniustlie. And he that is so vanquished shalbe demed in
estate wth those that vppon torments hathe confessed his offence to
the Ciuile Iudge, wch confession we call deniall of that he offred
to mainteyne by Combatt. And therfore whosoeuer is vanquished
by force of armes whether he be Challenger or defender must make
his confession openlie & plainlie, to thende there maye remaine no
doubte either in the minde of the victorious the Iudge or the behol:
ders. As for example yf a man had committed murder or treason
against his Prince & denied the same, offringe to mainteyne his
wordes in Combat, yf in the Combat, either he as defender, or the
other that slaundereth him, as Challinger doe hap to denie yt he offred
to avowe, then is it necessarie that the partie slaundered, yf he
be vanquished do confesse & saye I did committ the murder vpon
such a daye, in such a place, for such a cause, & so forth, wch is
a plaine deniall. Or yf the Challinger be victored, he shall
saye openlie I haue falslie accused mine ennemie of murder, for
[148r] it is not true that he hath done the facte wherwth I have chardged
him &c. & this is called expresse deniall. ffor there is also an
other kinde of deniall more coverte, as yf the vanquished
doothe saye I yelde, or I am victored, as we haue alredie made
mention of once in a Combat performed in Padoua, because that
speache wthout more wordes shall suffize. Or yf he saye
holde thy hande I am this prisonner, or I praye the kill me not
because reason is on this side, geve my my liffe, I am thine to be vsed
at thy pleasr, or I require mercie at thy hande, for I yelde vnto
thy will as a deade man. The victored vsinge anye of thease
submissions maye be saved by the victorious, or the Iudge hearing
the submission may by his aucthoritie depart the fighters, geving
the honnor & right to him that is moste worthie therof. Mr
Baldo affirmeth that yf a man shall saye I yelde vnto thy
hands, or to the Iudge, or saye I have vniustlie offended the, &
therfore refuze the combatt, that then the victorious ought vse
mercie, for it is intended he yeldeth as a man. But yf he saide
I yelde vnto thee as a deade man, then maye the victorious slea
him as is beforesaide. Also yf he saith holde thy hande I am
deade those wordes shalbe imputed a Couert deniall. Or yf
wth humilitie he craveth mercie or asketh pardon, the same shalbe
(yf the victorious will so allowe) an open deniall. But yf the
victorious doe require plaine & expresse satisfaction, then
must the same be so pronounced. ffor manie times it is done by waye
of excuse, wch is not the true & lawfull deniall, but is rather a
composition or agrement, wch is admittable only wher the offence or
iniurious speache is such as may by the Iudge be turned to a const:
ruction of lesse offence. As for example yf one man reporteth
an other to be a traitor, & he hearinge it, suspectinge the wordes to
be spoken of him, answereth thowe doest not saye true. ffor I
am no traitor, then yf the speaker replieth sayenge I spake not
of thee but of a thirde man, this shalbe an excuse, but no deniall
ffor yf he had said at the first thow art a traitor, & affirmed the
same saienge the contrarie after, sholde be a manifest deniall
Or yf an officer makinge rome emonge the people at a triumphe
doth strike a gent, who for so doinge doth challenge him to fighte
yf the offender dooth answere I had no intent to hurte the, but
vnawares I strake yowe, that shall not be called a deniall, or
vnsaienge of the deede but an excuse of the faulte, albeit he
addeth therunto. I did it against my will, or I did yowe wronge,
yet all these speaches shall not be intended anye deniall vnles
[148v] before he had iustefied his doings. ffor whosoeuer standeth first in
iustification and after excuseth him selfe, doth make a plaine de:
niall. So as in conclusion I saye, that whosoeuer hath done or
committed anye offence default or iniurie & doth first iustefie the
same, yf after he falleth to excuse it doth make a manifest de:
niall, but yf he never doth Iustefie his doings but excuseth his
doings, that excuse excludeth all intent of evell meaninge. There
is also difference in denialls, as he that fleeth the feelde doth
therby make a more cowardlie deniall, then he that by force of
armes doth confesse him self vanquished, & ought the rather
to be reputed. As it once hapened that a certeine knight hearing
there was a ladie vniustlie accused of adulterie determined by
armes to defende her, & beinge come to the Cittie where she
was holden prisonner, tooke vppon him her quarrell against the
accusers, who because they were in nomber two, he brought wth
him one other valiaunt gent, that promised to fight likewise in the
favour of the ladie. The Challenge beinge made, & the daye of
combat agreed vpon betwene the parties, this knighte wth his com:
panion entred the lists, but one of the accusers fled & renounced
the Combat, wheruppon the knight defender of the ladie de:
sired alone to fighte wth the accuser, wch he did & was victo:
rious. Then was the companion of the victored condemned for
a denier & traitor. The like case hapened betwext fowre other
gent, of whome two defied the other for the honnor also of a
woman, after they were all appeared & the combat begon, one
of them fledd, but the companion of him notwthstandinge most
manfullie pceeded in the combat, & at the first course wth his
launce pearced thorough the bodie of one of the ennemies, wch
done he assailed the other, enforcinge him to yelde, wherby
the victorie was intierlie his, but his companion fled was nevr:
theles condemned as vanquished & infamous. wherfore retor:
ninge to the matter I saye that deniall is the greatest dishon:
nor & shame that anye gent can receive, for death wth repu:
tacion is more honnorable, then deniall wch carieth wth it
perpetuall infamie, because he that is vanquished & slaine
by his ennemie, maye be saide to die in defence of his honnor.
But the denier or vnsayer of his worde hath slaine him self
& his owne honnor for ever. All couragious knightes doe
affirme that they had rather be slaine then denie their
worde wch manfull admonition they geve to those that
[149r] come to combatt for cause of honnor. ffor infamie is of such na:
ture as maketh the infamous to die daylie, but those that die
gloriouslie do still liue emonge gent wth honnor & reputacion
Two gentlemen doe come to combat & are
made frendes by their Prince. Yf the one of
them dooth for the same thank his Prince
whether for so doinge he ought be reputed as
a denier & Uanquished.
Ca. 34.
Twoe gent, the Subiects of one crowned kinge
beinge at defiaunce & determined to fight for life, doe
by humble suite desire of his Matie a place for combat. This
suite beinge made by the Challinger, that Prince commanndeth
that both the parties sholde be brought to his presence, wch
done, he moste gratiouslie perswaded, that a peace or truse
might be taken betwene them, wherin although great diffi:
cultie weare, yet in the ende commanndement was geven that
the parties sholde rest wthout offendinge one the other.
That order beinge by the Prince resolued, the Challinger
kneled downe before the kinge kissing his hande, & thanking
him for the favour he had done in denienge the combat. ffor
wch so doinge the saide Challinger was by manie other gent
pfessinge armes, reputed a Cowarde & base minded. And
for diuers good reasons then offred to prove, that the thanks
gevinge to the kinge was as it were half a deniall mixed
wth infamie. So as the honnor of that defiaunce was
wholie geven to the defendr, because he continued ever in
his intente, shonning the kings request, wch the challingr
accepted as a favour & was so doinge reputed a Coward
[149v] Of fowre gentlemen, two of them defienge the
other two, & whether two of the maye
ioyntlie offend one enemie.
Ca. 35.
Itt hapened that fowre gent beinge determined to fight
for lyfe did enter the lists and one of them fled, renounced the
quarrell or made a deniall the other two his ennemies offred
to fighte wth his companion lefte alone who refuzed not, sayeng
he wolde fight wth one of them after the other, But they affirmed
that they might fight both together against him alone, because the
combat beinge for life, he ought beinge abandoned to defende him
self against booth the ennemies. A question therfore was deman:
ded whether he alone ought at one instannt fight wth both the
ennemies? wherunto was answered that he oughte, forasmuch as
the nature of combat for liffe is, that men may vse therin all
aduantags, for the flienge or denienge of the one, bindeth the other
[scan corrupt]
[150r] liuinge ought to fight wth both his ennemies, because that im:
pediment procedeth of Gods pleasure, & therfore is an excuse
lawful, either els yf anie other iuste impedimente be brought
for excuse as is before saide in the chapiter of impedimentes
& shalbe hereafter declared.
Yf two gentilmen defie two others of
whome the one falleth sicke, Whether ye
combat ought be deferred till his recouerye
Ca. 36.
In this Case notwthstandinge the combat for
liffe, yet ought the same assuredly be deferred, till the
recouerye of the person diseased. for it is to be intended
[scan corrupt]
