Part 11

As thus a Man has tane to bere in his Armes a low of gules in a champ of siluer, ane othir of that ilke toune has tane the samyn efter that he has it wynteris and [gh]eris. Than speris the questioun, Quhethir the first may gaynstand this armes and plen[gh]e to the Prince, and ger this be reformyt and forborne. And first he sais, Nay; ffor quhy ony man may tak lefully, as before said is, ane othir mannis name, and call his barne in the samyn toun, ffor it befallis oft tymes that syndry men ar callit be a name in the samyn toun; and may do it but lak. And quhy then may thai nocht alswele tak twa ane armes, or thre, or alsmony as lykis. Bot the countre party sais agayne, That it is a commoun vse and custume in mannis lawe, and approuit be othir lawis, that quha sa euer may first tak wilde foule, or fysch, or wylde beste in the wilderness, it is his be the lawe. And than, sen this noble man has first tane sik a beste, or sik a foule, or sik a fisch, to bere in his schelde and on his cote of armes, and on his banere, pannoun of armes, or in blasone apon his heraulde or perseuandis brest, or othir wayis to paynt in hall or chaumer at his lyking; Quhy suld ony othir tak it efterwart to bere that war in toune or in the samyn contree, quhare it war borne? And als it war mare thair scathe na thir prouffit, ffor it wald quhilom mere men that had grete dedis ado, quhen thai wend to cum to thair awin maister in werefare, thai mycht fail[gh]e, and othir wayis in syndry wyse mycht erre in thair dedis that mycht hynder bathe the partis that nedit nocht, na is na poynt of gude gouernaunce, na gude policy in dedis of armes: And as langand this questioun the Doctour makis sic a conclusioun, That gif a gentill man or lord had tane ane armes at his plesance, and borne it lang tyme opynly kend in dede of armes, and in weris, or othir wayis in tyme of pes, that it war kyd and knawin till him and his lignage; Thare aw nane othir in that contree to tak the samyn to bere, na the Prince na the lord of that contree, suld nocht lat tham bere it on na wise, ffor than war the principale cause of Armes-taking all forletyn; ffor the principale cause of Armes-taking is for to knawe the personagis of noble men in bataill, or in armes, or in tournamentis, or to knawe a lord in felde be ane othir, with his men, and his frendis and wele willaris suld draw till him and knawe him be his takin, and sa suld the diuersitee of armes mak the knaulage of the diuersitee of personnagis; and gif it be hapnyt ony lorde or othir man to be slayn in felde, and sa manglit that his visage mycht nocht be knawin, be his cote of armes he suld be knawin and brocht to Cristin beriss: And alssua, that be the defference of armes euer furth quhill the warld lestis, men suld knaw be the takynnyng of thair armes, thair sepulturis quhare thai ar beryit; and quha was in thai tymes maist honourable and worthy men, as oft tyme men seis apon thair sepulturis be thair frendis maid efter thaire decesse, and sum be thame self or thai be dede; be the quhilkis, quhen all the lygnie is failit, and the surname, [gh]it will the valliance of thame be knawin be thair armes, the quhilkis in armes are callit Takenis: ffor and syndry lordis or gentilis tuke all ane armes, or takenis, it was bot a confussioun. And a mare grete resoun ffor be all gude custumes of noblesse, lordis, and gentilis, makis thair selis efter thair armes, and gif ane suld bere ane otheris armes in his sele, men suld nocht wit quhais it war. Item, all Kingis suld kepe that na man do till othir dishonour, schame, na villany, na injure, na new novelliteis. And it is to presume, gif ony man wald newly tak ane alde armes of ane otheris that it war for dispyte or injure to despise him to prouoke noise and debatis for alde fede or enuy, the quhilk the Prince suld stanch. And as to the argument, it is na thing lyke till a man to be callit lyke till ane othir or syndry in a town; For quhy? For sik cause men has gert geve ilke man his surname that makis the difference. Bot and mony men bare ane armes, how suld ony man, Haralde, or othir, knaw men, na geve the honoure of gude dede till him that had honourabily deseruit it, or to geve lak and dishonour till cowardis or flearis fra bataillis: And tharefore, in all sik debatis, the Prince suld ger sett remede. And gif ony complaynt war, se, be Harraldis and men of knawlage, quha had rycht, quha wrang, and do justice.

HERE SPERIS THE DOCTOURE GIF A FRANCH KNYCHT SAW A DUCHEMAN OF ALMANE BERAND HIS ARMES BUT DIFFERENCE, AND HE APPELLIT HIM OF WERE TO FECHT WITH HIM, OR FORBERE THE ARMES; QUHETHIR AW HE TO BE ADMYTTIT, BE PRINCE, OR NOCHT TO FEICHT IN BARRIERIS WITH HIM.

As gif a Knycht of Almane wald cum to see noblesse in France, as tournamentis or othir wasselage, and that he fand a Knycht in France at the tournayment, that bare the samyn armes that he beris: And thus he maid questioun bustously, sayand, He traistit he wrangit him and his lignie to bere thai armes, sperand, be quhat title of rycht he bare thame? The Knycht of France ansuerd, sayand, That he traistit that he mycht bere lefully the takyn of armes that his fader, and forefader, and all his ancestris had of sa lang tyme borne, that thare was na memorye in the contrarye. The Duche Knycht replyis agayn, sayand, Gude Sir, suppose your fader and ancestris haue borne thame sik a tyme, my kyn and ancestris ar of eldare begynnyng na [gh]ouris, and als ar mare noble of lignie; quharefore, sen [gh]e and [gh]ouris has tane thame efter us, and [gh]e ar nocht of sa grete noblesse of alde ancestry, me think [gh]e suld deferr till us, and nocht we to [gh]ow: Quharefore, I say [gh]e bere thame euill and wrangwisly, and that I sall preue with my persone. And with that the Franchman sais, That he dois him na wrang that beris the armes that his ancestres has of sa lang tyme borne, and that he denyis his wrang, and that sall he defende. Than is this the question, Quhethir the King aw to geve leve to thir twa Knychtis to feicht, or nocht? And as to the first visage, it semys thai suld be tholit, be the resouns that the Duche Knycht allegis. Bot the Doctouris accordis nocht to that opynion, ffor as we have before said, thai ar nocht of a realme, na of a Prince haldand, quharfor the Naciouns makis the defference sufficiand, sa that it war nocht done for despyte, na othir barate; ffor gif a trauailand Knycht of France had tane sik armes, and he war a wikkit man, of lyf a tyran, and unhonourable, that mycht defame the armes in ferre contreis, the Duche Knycht mycht haue sum coloure and resoun tharefor, gif the Franch Knycht past in Burgone, or Barry, or Lorane, and brynt and slewe, and reft and forsit women, and had renoun to be a wikkit man of lyf, and men wist nocht his surname, na of quhat contree he war, and the tothir Knychtis armes war kend our all thai countreis, and sum men mycht traist that it war he; and in this cas, the Duche Knycht had resoun to ask him to be depriuit of his armes at the King of France, and the King to grant it him, gif the said Duche Knycht and his lignie war approuit men of honour, and thareapon grant him leue of bataill in listis, as said is, gif him lykis for the cause, efter the custumes may be tholit.

HERE SPERIS THE DOCTOURE HOW THAI SULD BE PUNYST THAT BERIS OTHERIS ARMES WRANGWISELY, IN ENTENCIOUN TO DO MYS VNDER SCOUG OF THAME COUERTLY.

As gif a Souldiour of symple state tuke the armes of a Knycht Noble of France that war of gude renoune, bathe in honour of armes, and othir wayes of alde ancienetee, and that Knycht of Ducheland had tane thai armes newly, in entent to be mare presit and honourit, and to be hyar auansit, and tak mare wagis, in faith I traist that the King, at the persuyt and request of partye, the King aw to punyse him be law of Armes. As in the lyke maner, gif a maister armoureur of Parise, that had renoun to be the best of that craft, that war in France, and in his werkis had a takyn that his werkis were knawin by, and ane othir of Troyes in Champaigne tuke that ilke takyn, sa that for the renoun of the Parisien, his werkis suld be the better sauld; and rycht sa of coultellin, or ony othir craft, or of notairis, gif ane dois falset vnder the sailign of ane othir, I say, all sik men suld be well and cruelly punyst be justice; and gif the contrary war tholit, it war grete damage to the realme.

HERE SPERIS THE DOCTOUR QUHAT ARMES AR MAIST NOBLE BE THE COLOURIS, AND QUHAT COLOURIS AR MAIST NOBLE IN ARMES.

Bot be cause the Princis and Lordis beris Armes of mare noblesse na otheris; and that the Doctouris has spokyn in othir tymes, and othir placis, of Princis armes, and of thair baneris, quharefore I will nocht here mak questioun, na dout the quhilk armes are the maist noblez and the maist rychez; ffor quhy, that alwayis comparisoun is odious.[19] Bot it plesis me to speke sum thing of Colouris of Armes, and of thair descripciouns. And as the Doctour sais, that sum of thame is mare noble na otheris, for the representatioun that thai mak be thair propre nature, and be this cause, we say, that colour of Gold is the maist noble colour that is in this warld here; and the resoun quhy is, ffor be the nature of gold, it is clere and schynand, rich, vertuouse, and confortand; ffor oure Maisteris, Doctouris, and Medicinaris, and Philosophouris, gevis the gold in syndry wise in medicyne to folk that ar debilitez in thair nature, that thai can get nane othir remede for souerane remede; and is lyknyt be his condicioun and nature to the Sonne, the quhilk is the maist noble planet that euer God maid, and beris lycht till all the warld, and encrescement and confourt till all naturale creaturis. And the lawis sais, that of all things that God maid, the claritee and licht is the maist noble; and, tharefore, the Haly Wrytt sais, that the sanctis in hevyn schynis as the sonne; and alssua oure Souerane Lord, quhen he transfigurit him before his Apostlis, his visage apperit to thame as the Sonne in someris day brycht: And because the Gold is comperit to the Sonne, as the propre effect of the Sonne, the quhilk is king and lord of all planetis, and alssua is figurit be Haly Wrytt be the visage of our Lord; and be that cause the ancien Princis, in ald lawis of armes, ordanyt that na noble man suld bere gold in his armes, bot Princis, Kingis, and Emperouris, for the nobless of him: And thus conclude we, that the maist noble coloure is Gold. And suppose sum ignorant men wald say, gold is metalle, and na coloure, that makis nocht; ffor largely to tak colouris, be all oure Maisteris and Philosophouris, all metallis, all low and lychtnes, that lemys and gevis sycht to the eyne, is of the nature of colouris.

The Secound coloure that is in Armoury, is callit be thir maisteris Purpre; the quhilk he callis here Rede colour; the quhilk representis the lowe of Fyre, the quhilk is the maist clere, and lycht efter the Sonne, and the maist noble of all the elementis; the quhilk colour suld nane in armes were, bot anerly Kingis or Princis, be the alde custumes of Princis and Faderis of Armes, of alde tymes.

The Thrid colour is Asure; the quhilk, be his figure and coloure, representis the Ayer, the quhilk is next the fyre, the maist noble element; ffor it is in itself lignie and sutile, and penetratys, ressauand the lycht throu it, and hable till rassaue all influences of the planetis and of the hevynly constellaciouns of nature, throw the quhilkis all this Erde is gouernyt, and all Nature: and sum callis the coloure A[gh]ure, hafand the colour of the firmament, sayand, that Asure is a hevynly colour, it makis not: ffor thare is bot lytill betuene, nocht than the lift is nocht colourit.

Ane othir coloure is the Quhyte coloure, the quhilk next the Asure is the maist noble coloure that was countit in Armoury in ancien cronikis, because that it is maist nere the nature of lycht and claritee; and for the clereness of it, it is signyfyit to the vertu of puritee, of clenesse, and innocence, and sympilness: And as to that the Haly Scripture sais, that the clethingis of Jhesu Crist apperit ay to thame of quhite colour as snaw; and this coloure of quhite representis the Water, the quhilk efter the Aire is the maist noble element.

Ane othir colour is in Armoury that callit is Blak; the quhilk representis the Erde, and be it is signyfyit dolour, ffor it is ferrest fra lichtness and claritee that betakenis blythnes, and cummys nerest to myrknesse; and tharefore, quhen ony peple or folk will mak dule for ony of thair frendis dede, or in ony bataill tynt, or othir grete misauenture, men makis thair dule in that clething; ffor it is the lawest of degree of all the four elementis, and is signifyit be it humilitee. And for that cause, in takenyng of humilitee, the religiouse men ar cled in blak wede, commonly to schawe mekenes in hert, and put away all lust of vanitee, and vane glore warldly.

PRIMA REGULA BELLI CLAUSTRALIS.

HERE SCHAWIS THE DOCTOUR CERTANE THINGIS AND DOCUMENTIS TOUCHAND CLOSE BATAILL, THAT WE CALL BATAILL IN LISTIS.

And first, be cause that close bataill is rycht perilouse and mysty to be jugit be ignorant men, that ar nocht instruct in the lawis, myn advys is, that thare suld na Prince, na Lord, hald felde of bataille in Listis, bot gif he had gude wise counsale of wele vnderstandand men of lawe; that is for to say, of Doctouris in Canoun and Ciuile, to geve him gude counsale: ffor commounly the casis ar sa subtile to juge, that Seclere men for couatise and auarice of warldis wyn, gevis oft tyme counsale to Princis that soundis mare to the desyre of wynnyng of warldis gude, na it dois to resone or to rychtwise querele; and als thai wate quhat casis ar in the lawis condampnyt vtterly, and reprouit, and quhat casis ar tholit and permysit at the plesance of Princis; and wate alssua, quhat casis ar priuilegit in the law quhilk nocht; and the lawis sais, That Aduocatis ar procuratouris of mannis lignage. And ane othir resoun quhy I haue sett this reugle is, ffor commonly the Clerkis ar mare sad of counsale, and mare caulde of complexion, and mare temperit in thair curage, and ferrar can se in the ground of a mater na Secleris; ffor Seclaris ar hate of blude, and in ire, and oft tymes thai geve thair counsale and jugement again resoun, with the wrang outhir for fede or frendschip, luferent, or haterent, or for mede, or for ire, or breth, or othir singulare appetite, for honour or richess, or lordschip or reddoure or otheris. And erar ar inclynyt to mak were, na trety and concorde; and to ger bataill in barrieris be, na to sloke it, and appese it; ffor ire lettis the mannis mynde to juge and determe veritee.

SECUNDA REGULA BELLI CLAUSTRALIS.

HERE DECLARIS THE DOCTOUR ANE OTHIR REUGLE AND DOCTRYNE APON THE GOUERNAUNCE OF CLOSE BATAILL.

That nocht gaynstandand that be malice or hete, woodnes, ramage, or pride orguillouse, or be inclinacioun, auaricius appellacioun of bataill be maid, and the party ressauis the gage of bataill, the Prince suld be wise in his audience geving, and of gude tholemudenes, to suetely here the cause that the Appelloure chalangis the appelland of; and wele copy and vnderstand all the mater before, or he geve his consent, and gif the cause movis of dett or of fede, or of ony othir singular cause he suld call counsale, and inquere how and quhare, and in quhat place, and for quhat cause, and of quhat tyme, and all the circumstancis, and gif the Prince may be ony way get knawlage of other pruf or witnes, or othir pruf be instrument or obligacioun, or to draw out of the party be inquisicioun or confessioun, and othir maner of prufis. And gif the Prince may persaue be ony way that ony knaulage may be gottyn be ony way of the warld, the Prince suld nocht thole passe bataill. Or suppose na witnes war, bot anerly that the party allegit witnes, [gh]it suld he assigne day till produce thai prufis before the justice ordinare; ffor quhen pruf is offerit, or allegit, all wage of bataill is slokit, be all lawis of canon and of ciuile.

To the Thrid reugle and doctrine of battaill in Listis is this: That the Prince in na case suld juge bataill to be, bot quhare thare is na prufis allegit na producit, and that is law commoun and reasonnable custum; bot he sall suere, be his faith, that his cause can nocht be prufit in na way bot be his persoun.

he Ferde doctrine teching and reugle of bataill in barrieris is: That a Prince suld haue gude counsale to ger propone before him the maner of the appellacioun, and the cause and occasiouns that the Appellour allegis in his appellacioun, and gif him thinkis resonnable the cause of the appellacioun, he suld admytt thame to the bataill; and gif thai war nocht resonnable, sloke it out, and geue na consent tharetill, na tholaunce; ffor gif fulis, throu thair foly, be sa daft that thai wage bataill for lytill, evyn as to say, Quhethir growis better wynnis in Burgoyne or in Gascoyne? or, Quhethir is thare fairar ladyes in Florence or in Barsalongne? or, In quhat countree is thare best men of armes, in France or in Lombardy? And the ta-part cast gage of bataill on the tothir, apon thir grete weris of lawe; or to say, his hors runnys fastar na his; or, That his hors is better na his, or syk lyke thing; or, That he lusis his lady better na he dois; or, That he dancis or syngis better na he dois, or for syk maner of tromperys; a Prince suld nocht juge na thole bataill to be, bot he suld, before the peple, in presence of his counsall, punyse syk trompouris, that otheris tuke ensample thareby in tyme to cum, to gage bataill for sik fule causis.

The Fyft doctrine is: That for na wordis of hete, and sudane ire of chaude cole or of chaude mellencoly, na injuriouse langage, thare suld na Prince thole na consent gage of bataill in listis to pas; for wordis may be said for hete, or for brethe, or for gude wyne, or othir wayis in lichtnes, that sone efter he may repent: bot and the wordis be injurious and dishonourable, crimynouss or defamatouris, and he perseuere in his outrageous langage, and lykis nocht till amend; bot stand in his purpos efter that the ire salbe past, ellis the Prince suld nocht juge bataill to be: ffor gif he dois, he jugis again the Lawis writtin opynly.

The Sext doctrine is: That because thare is sum men sa hichty hautayn and orguillous and full of surquedry, that thai haue na traist, na fyaunce in God na his Sanctis, bot in thair awin propre pyth and vertu of corps and strenth of membris; na has na will; na thocht on God to mend thair mysdedis; na to tak counsale at gude men of lyf and deuocion; na to mak gude ordynaunce for thame self, suppose the Prince suld the bataill to be tholit to be done to the vtterest: And tharfore the King suld assigne certane day of bataill and houre to the Appelloure, and he suld ger schaw him the grete perile in the quhilk he puttis him in baith of body and of saule, and monyse him, and exhort him on Goddis behalf, that all before that euer he schape him for horse, harnais, na othir prouision for the bataill, that first he schape him to se for a gude Confessour, that be a gude wise clerke, wele letterit and wele instruct in the faith, and of gude counsale and conscience, that he may discharge his conscience to, and schrive him wele, and put his saule first in gude estate, and his gudein ordinance, as he wald mak his testament to ga to dede, and as wyse man aw to do: Quhilk gif he dois nocht, the King suld say him, "That sen he traistit nocht in Goddis help, he suld nocht traist that he war a gude Cristyn man, and that he suld haue the lesse fauour of him;" and than suld he ordane him a term within quhilk he suld put him in gude estate of the saule to Godwart, and syne spere, how thai had done at thair Confessoure, and sa suld he do to the tothir: And this is a takyn that a Prince is wyse, and lufis wele God, that begynnis at him to dispone all his gouernance and dedis.

* * * * *

[Fol. 81. b.]

HERE SPERIS THE DOCTOURE QUHAT THINGIS EFFERIS TILL ALL GUDE PRINCE TO DO

As now sen he hes sum part declarit quhat properteis suld be in ane Emperoure, now will he declare quhat properteis a gude King suld haue in him: that is the maist hye dignitie efter the Emperoure. And [gh]it will oure maisteris saye that the name of King is mare na the name of Emperoure be excellence; ffor oure Lord Jhesu Crist in this erde here callit him nocht Emperoure, bot tholit to be callit King of Kingis and Lord of Lordis, as our Haly Writt beris witness. And alssua he was callit a Kingis Sone: ffor he is callit in Haly Writt the Sone of David King; and that sais Clerkis that he is of Kingis be the grettar excellence of lynage. And [gh]it alssua Sanct Peter menyt to his teching, that the name of King was mare excellent na the name of Emperoure, quhen he said till his disciples, That thai suld be subgettis till all creature humayne for the honoure of God [gh]our King, and specially till all Kingis for the honoure of him, as to the hiest degree and maist excellent. And this approues the Pape Gelasius, &c.

* * * * *

[Fol. 83. b.]

And trewly I say, and he kepe wele thir termes, he is a worthy Prince, and worthy to be a King, and till haue superioritee and soueranitee, and victory of his fais. And tharefor the Doctour settis here certane poyntis of doctrine touchand a [gh]ong Prince, in Ryme, quhilkis spekis thus: A King that will be ane worthy werryoure, he sulde be wiss, faire, and curageous: And that he be Lord of his subjectis, asto the Quaile the Sperehauk; and that he be misericorde and rigorouss in justice, as case requeris; and that gif he will be wele fortunyt in armes, be ay first.

* * * * *

[Fol. 84. b.]

Item, a Prince or a King suld nocht oure lichtly trow all talis na sudayn tydingis; ffor mony learis oft tymes flechis lordis with false talis, and settis thame in wrang and euill purpose. And that is oure grete perile in princis and grete lordis, to geue sudane credence till ony mannis tale, quhill he war wele informyt of the suthfastnes: And he suld be wele and ryply avisit, or that he write to the Pape ony materis, or till ony strange Princis, for ony lycht mennis counsailis, or ony small wrechit mannis. And quhen he wrytis, his writtis suld be wele and statelyke deuisit, and dytit be wise Clerkis, and men of counsale, and expert in the lawis and purpose lyke, and syne be notable gude wrytaris as efferis; bathe to the ryaltee of him that sendis the writtis, and of him that thai wryttis ar send to; and suld wele auise for quham he wrytis, that thai be worthy persouns, and alssua for quhat thing he wrytis; that it be nocht a wrechit thing that he wrytis for; and als that his peticioun be bathe rychtwise and honourable; ffor quhen Princis prayis for vnworthy persouns, God is offendit and displesit thareat. And syne the Pape or Princis that he wryttis till, will hald him for ane vnwise Prince that the lettres send for sik a persone, and will nocht sa gladly grant him his asking in tyme to cum. And thus sall the renoun of a Prince pas oure all the Cristyndome, and geue him lofe and honour that excedis all warldis richess, throu the quhilk he sal be prisit and redoubtit bathe with fais and frendis, and haldin for wise Prince; and syne sall he be lufit of God, and wyn throu that the joy of Paradise.