The Boke of Noblesse Part 14

[Sidenote: Non est laudendum secundum legem Christianorum.]

And the saide famous clerk Tullius, in the .5. disc' of the saide booke, putt.i.the in remembraunce whiche of the n.o.ble and famous {71} dukis, princes, and cenatours of Romains abandonned her bodies and goodis, only putting them to the uttermost jubardy in the feelde ayenst theire adversaries, for the avauncement and keping in prosperite, wors.h.i.+p, and welfare of Rome. Among whiche, one of the saide Romains was Lucius Brutus, that whan Arnus, a leder of peple, a.s.semblid a gret oost ayenst the Romains to have discomfit hem and put hem in servage out of her fraunchise, the saide n.o.ble Lucius, being then governoure of the ooste of Romains, thought rathir to die upon the said Arnus, so that he mighte subdew hym, rathir than the saide citee shulde stande in servage. He mounted upon his hors, and leide his spere in the rest, and withe a mightie courage renne feerslie upon the saide Arnus being in the myddille of his oost, and fortuned by chaunce that bothe of hem wounded[161] othir to dethe. And whan it was undrestonde in the hooste that the saide Arnus, capitalle adversarie to Romains, was dede, his gret oost departed out of their feelde, whiche had not soo done had not bene by mightie aventure the wilfulle dethe of the saide Lucius Brutus.

How a prince, be he made regent, governoure, or duke[162], chieveteyne, lieutenaunt, capetaine, conestable, or marchalle, make alwaie just paiment to her soudeours, for eschewing of gret inconvenientis might falle.

[Sidenote: Autor. Notandum est super omnia effectus istius articuli, quoad execucionem justicii.]

[Sidenote: Notandum est de ordinaria solucione Joh'is ducis Bedfordie.]

[Sidenote: Concidera.]

[Sidenote: Nota multiplicacionem officiariorum.]

And overmore, most highe and excellent prince, of youre benigne grace and providence, if it please youre highenesse to have consideracion, in way of justice and keping, to remedie one singuler offence and damage to youre liege people, the whiche by G.o.ddis law, and by law of reason and nature, is the contrarie of it righte dampnable,[163] and which grevous offence, as it is voised accustumablie, rennythe and hathe be more usid under [tho that oughte be[164]] youre obeisaunce in Fraunce and Normandie than in othir straunge regions: and to {72} every welle advised man it is easy to undrestande that it is a thing that may welle bene amendid and correctid, and to be a gret mene to the recuvere of youre londes in the saide adverse partie; that is to say, that shalle be men of soude and of armes, as well tho that [shalle be[165]] undre youre lieutenauntis as the chiefteins and capetains, may be duely paide of her wages by the monithe, [lyke as Johan regent of Fraunce payd,[165]] or by quarter, bethout any rewarde [of curtesyie of colour[166]] gyven, bribe, defalcacion, or abreggement, or undew a.s.signacion not levable a.s.signed or made unto them, aswelle in this londe as in Normandie, to deceyve hem, or cause hem be empoverisshed in straunge contreis, as it hathe be accustumed late in the saide contreis.

And that suche paymentis be made content bethout delaie or nede of[167]

long and grete pursute, upon suche a resonable peyne as the cause shalle require it. And that none of youre officers roialle, nethir hir debitees or commissioneris, shalle darre doo the contrarie to take no bribe, rewarde, or defalke the kingis wagis; wherbie youre souldeours shalle not have cause to oppresse and charge youre obeissauntis and youre peple in taking theire vitaile bethout paieng therfor, whiche gret part of theym in defaut of due payment hathe ben accustumed, by .x. or .xij. yere day contynued, or the saide londes were lost, uncorrectid ne puniss.h.i.+d, [as] turned to the gret undoing of youre saide obeisauntes, and one othir of gret causis that they have turned their hertis frome us, breking theire allegeaunce by manere of cohercion for suche rapyn, oppressions, and extorcions. And also the officers than being nedithe not to have so many lieutenauntis or undre officers as they have hadde, whiche wast.i.the and destroiethe youre saide peple by undew charges to enriche hemsilfe; and many of the officers have be but esy vaileable to the defense of youre countre, thoroughe negligence of exersising of armes for theire defense and proteccion in tyme of necessite. For it was never seen that any countre, cite, or towne did encrece welle wherover many nedeles officers and governours that onlie wolde have a renomme, and {73} undre that colour be a extorcioner, piller, or briboure, was reignyng and ruling over theym.

[Sidenote: Exclamacio.]

[Sidenote: De lamentabili oppressione subditorum nostrorum in Frauncia.]

[Sidenote: Alia exclamacio soldariorum ultimo in Normannia commorancium.]

[Sidenote: Deploracio miseriae.]

O mighetie king, and ye n.o.ble lordes of this roiaume, if ye were wele advertised and enfourmed of the gret persecucions, by way of suche oppressions and tirannyes, ravynes, and crueltees, that many of suche officers have suffred to be done unponisshed to the pore comons, laborers, paissauntes of the saide duchie of Normandie, it is verailie to deme that certe[gh] ye of n.o.ble condicions, naturally pitous, wolde not have suffred suche grevous inconvenientis to be redressid and amendid long or the said intrusion fille, and the regalite of justice had be in tho daies in youre possession. For often tymes suche as have pretendid theym officers wastid of youre [predecessour[168]] is livelode more than nedithe, and often tymes suffred them to be mana.s.sed [and] beten, and mischieved theire bestis withe theire wepyns, that they were nighe out of theire wittis for sorow, and so enforced for duresse to forsake youre t.i.tle and youre lawes, and but esilie relevyd and socoured. And therto they have ben so often surcharged grevouslie withe paieng of tasques, tailis, subsides, and imposicions beside theire rentis, paieng to the somme righte importable sommes, paide to your predecessours for youre demains, and to theire landlordis that halden of you, and many of theym duelling upon the marches patised to youre adverse partie also to dwelle in rest, and this innumerable charges and divers tormentis have ben done to theym to theire uttermost undoing. He allas! and yet seeing they bene christen men, and lyvyng under youre obeissaunce, lawes-yovyng, and yeldyng to youre lawes as trew Englisshe men done, by whome also we lyve and be susteyned, and youre werre the bettir born out and mainteyned, why shulde it here after be suffred that suche tormentrie and cruelte shulde be shewed unto theym? O G.o.d! whiche art most mercifulle and highest juge, soverein, and just, how maist thow long suffre this regnyng without the {74} stroke of vengeaunce and ponisshement commyng upon the depryvyng or yelding up of that dukedom?

[Sidenote: Nota tria.]

[Sidenote: Prima.]

[Sidenote: .ij^{a}.]

[Sidenote: .iij. causa.]

[Sidenote: Conciderandum est super omnia.]

Late it be noted and construed what gret inconvenientis have folow herof.

There may be undrestonde to folow .iij. thingis inespecialle of gret hurtis. One is the ire of G.o.d and his rod of vengeaunce fallen now upon us by his dyvyne punisshement [of G.o.d,[169]] aswelle in suffring oure saide adversaries to have the overhande upon us, as in destroieng of oure lordis by sodeyn fortunes [of dyvysyons[169]] in this lande the saide yere and season, the yere of Crist .M^liiij^cl. that youre [grete[169]] adversarie made his intrusion in the saide Normandy, for pite of his peple so oppressid, hiring theire clamours and cries and theire curses. The second is theire rebellion, as thoroughe theire wanhope, havyng no trust of hastie socoure and relief of an armee to come in tyme covenable, be turned awaie frome her ligeaunce and obedience to youre adverse partie, seeing theym thus ungoodelie entretid under tho whiche were comytted to kepe, defende, and maynteyn them. The .iij^{de}. is famyn of vitaile and penurie of money, and lak of provision of artillerie and stuffe of ordenaunce, whiche youre saide obeissauntis for faute of these were constreined to flee to youre adverse partie, and to leve rathir theire natife contree, orellis to die for famyn and povertee.

[Sidenote: Ecclesia honoranda.]

[Sidenote: Nota bene.]

[Sidenote: Hospitalitas in ecclesia est preferranda.]

[Sidenote: Lamentacio.]

[Sidenote: Cogita.]

An exortacion how princes, lordes, and officers roialle shulde wors.h.i.+p and meynteyne the Chirche, and defende hem from oppression.

And moreover in way of gret pitee and in the wors.h.i.+p of G.o.d suffre ye not the prelates of the Chirche of that lande, as archebisshoppis, bisshoppis, abbatis, priours, denes, archedenes, and theire ministrours, to be oppressid, revaled, ne vileyned, as they have bene in youre predecessour daies accepted in fulle litille reverence or {75} obedience, for how that men usurpen in tho daies in surchargeyng them unduelie it is by experience knowen welle ynoughe, as they be manere of a prive cohercion to lyve in more rest withe theire lyvelode, be dryve too forto gyve out to rulers, gouvernours, and maistris of the marchis and contrees that they dwellin upon or have her lyvelode, gret fees and wages and rewardis nedelese. And the peple that were welle set[170] and often tymes they ben visited withe straungiers of gret astatis, as welle spirituelle as temporelle, and namelie withe tho that have the lawes to mynistre and to kepe, and withe other nedeles peple that waste and surcharge theym, for they were founded to that entent but to kepe theire nombre of fundacion, praieng for theire foundoures, and [kepe hospitalitee for to[171]] feede the pore and the nedie in case of necessite. A mercifulle Jhesu! many auctours rehersithe in her cronicles that Pompeus, whiche that was so chevalrous a paynym knighte amongis the Romains, the cause of his wofulle dethe and mortalle ende was alonlie that he on a tyme disdeyned to reverence and wors.h.i.+p holy places, as chirches and seyntuaries, stabled his hors in Salamon is Temple, the whiche the saide Salamon had edified to be the most sovereyn chirche or temple of the erthe to serve and praise G.o.d. And in example of late daies yn king Johan of Fraunce tyme suche chieveteins as was in his armee before he was take at the bataile of Peitiers, as it is saide, avaunted hym silfe to stabille her hors in the cathedralle chirche of Salisbury. And after he was take and had sighte of the saide chirche [they[171]] had gret repentaunce of. And therfor, fulle n.o.ble king and ye puissaunt lordis of renomme, let a covenable and a necessarye medecyn be counceiled and yoven to us for provision and reformacion of this infirmite, and that it may be purveied for by so dew meenes that it may be to G.o.d is pleasaunce. And that we may withedraw and leve oure wrecchid governaunce that temporelle men wolde so inordinatlie rule and oppresse the Chirche. So that now this begon mischiefe and stroke of pestilence in youre {76} predecessour daies be not set as a jugement in oure arbitracion as to be decreed, juged, or determyned for oure wele and availe, but as a chastising of oure mysdoeng, so to be take for oure savacion. What saiethe saint Jeroyme amongis his dolorous lamentacions upon the prophesie of Jooelle? If we have not, (seithe he,) know G.o.d in welthe and prosperite, then, at the leest, let us know hym in oure adversite, in suche wise there we have erred and fauted by over gret haboundaunce of suche chargeable crimes and synnes of delites, of suche oppression, covetice, inespecialle pride and envy, &c. Let us withedraw us from hem withe goode corage, and to that ende that we be not chastised ne punisshed by the stroke of vengeaunce and pestilence, nor of none suche affliccions as we hafe ben dailie by youre predecessour's daies by youre saide adversaries.

[Sidenote: Quod officium deffencionis adversariorum patriae est preferrandum quemcunque singularem facultatem sive practicam.]

How lordis sonnes and n.o.ble men of birthe, for the defense of her londe, shulde excersise hem in armes lernyng.

[Sidenote: Introduccio juvenum n.o.bilium natu.]

[Sidenote: Ser Johan Fastolf.]

[Sidenote: Optativus modus.]

And also moreover for the grettir defens of youre roiaumes, and saufe garde of youre contreis in tyme of necessite, also to the avauncement and encrece of chevalrie and wors.h.i.+p in armes, comaunde and doo founde, establisshe, and ordeyne that the sonnes of princes, of lordis, and for the most part of alle tho that ben comen and descendid of n.o.ble bloode, as of auncien knightis, esquiers, and other auncient gentille men, that while they ben of grene age ben drawen forthe, norisshed, and excersised in disciplines, doctrine, and usage of scole of armes, as using justis, to can renne withe speer, handle withe ax, sworde, dagger, and alle othir defensible wepyn, to wrestling, to skeping, leping, and rennyng, to make hem hardie, deliver, and wele brethed, so as when ye and youre roiaume in suche tyme of nede to have theire service in entreprises of dedis of armes, they may of experience be apt and more enabled to doo you service honourable in what region they become, and not to be [unkonnyng,[172]] abashed, ne astonied, {77} forto take entreprises, to answere or deliver a gentilman that desire in wors.h.i.+p to doo armes in liestis to the utteraunce, or to certein pointis, or in a quarelle rightfulle to fight, and in cas of necessite you[173] and youre roiaume forto warde, kepe, and defende frome youre adversaries in tyme of werre. And this was the custom in the daies of youre n.o.ble auncestries, bothe of kingis of Fraunce as of Englande. In example wherof, king Edwarde .iij^{de}. that exersised his n.o.ble son Edwarde the prince in righte grene age, and all his n.o.ble sonnes, in suche maiestries, wherby they were more apt in haunting of armes. And, [as myne autor seyd me,[174]] the chevalrous knight [fyrst[174]] Henry duke of Lancastre, which is named a chief auctour and foundour in law of armes, had sent to hym frome princes and lordis of straunge regions, as out of Spayne, Aragon, Portingale, Naverre, and out of Fraunce, her children, yong knightis, to be doctrined, lerned, and broughte up in his n.o.ble court in scole of armes and for to see n.o.blesse, curtesie, and wors.h.i.+p. Wherthoroughe here honoure spradde and encresid in renomme in all londis they came untoo. And after hym, in youre antecessour daies, other n.o.ble princes and lordis of gret birthe accustomed to excersise maistries apropred to defense of armes and gentilnes[175] to them longing. But now of late daies, the grettir pite is, many one that ben descendid of n.o.ble bloode and borne to armes, as knightis sonnes, esquiers, and of othir gentille bloode, set hem silfe to singuler practik, straunge [facultee[gh][176]] frome that fet, as to lerne the practique of law or custom of lande, or of civile matier, and so wastyn gretlie theire tyme in suche nedelese besinesse, as to occupie courtis halding, to kepe and bere out a proude countenaunce at sessions and s.h.i.+ris halding, also there to embrace and rule among youre pore and simple comyns of b.e.s.t.i.a.lle contenaunce that l.u.s.t to lyve in rest. And who can be a reuler and put hym forthe in suche matieris, he is, as the worlde goithe now, among alle astatis more set of than he that hathe despendid .x.x.x. or .xl.

yeris of his daies in gret jubardies in youre {78} [antecessourys[177]]

conquestis and werris. So wolde Jhesus they so wolle welle lerned theym to be as good men of armes, chieveteins, or capetains in the feelde that befallithe for hem where wors.h.i.+p and manhode shulde be shewed, moche bettir rathir then as they have lerned and can be a captaine or a ruler at a sessions or a s.h.i.+re day, to endite or amercie youre pore b.e.s.t.i.a.lle peple, to theire [enpoveryshyng[178],] and to enriche hem silfe or to be magnified the more, but only they shulde maynteyn your justices and your officers usyng the goode custom of youre lawes. And than ye shulde have righte litille nede to have thoughte, anguisshe or besinesse for to conquere and wyn ayen youre rightfulle enheritaunce, or to defende youre roiaume from youre ennemies. And that suche singuler practik shulde [not[177]] be accustumed and occupied [undewly[177]] withe suche men that be come of n.o.ble birthe, [but he be the yonger brother, havyng not whereof to lyve honestly[177].] And if the vaillaunt Romayns had suffred theire sonnes to mysspende theire tyme in suche singuler practik, using oppressing by colours [of custom of the law, they had not conquered twyes[177]] Cartage ayenst alle the Affricans.

How officers of the law shulde be chosen, welle disposid and temperate men, vertuous in condicion, and they to be protectid by lordis and n.o.ble men of birthe.

[Sidenote: Exclamacio.]

Hit was in auncient tyme used that suche practik and lernyng of the custumes and law of a lande shulde onlie be comytted to suche parsones of demure contenaunce that were holden vertuous and welle disposid, thoughe he were descendid but of esie birthe to occupie in in suche facultees, and to mynistre duelie and egallie the statutis and custumes of the law to youre peple, bethout meintenaunce ayenst justice. And the saide officers and ministrours of the law to be protectid and meyntened by the princes, lordis, and men of wors.h.i.+p when the case shalle require, namelie tho that oughte defende yow and youre {79} roiaume that halden theire londis of you by that service onlie, and gyven to that entent by youre n.o.ble auncestries.

And over this that they be lerned and introducid in the drede of G.o.d, and not presumptuously take upon hem to offende theire law, for the whiche, and in example to this purpose, it is wretin in the .36. chapitre of the prophete Jeremye, because that Joachym king of Juda despraised the admonestementis, advertis.e.m.e.ntis, and the doctrines of G.o.d, that Jeremie had doo set yn certein bookes and quaiers, the whiche he made to be cast in the fire and disdeyned to hire theym, but usid after his owne wilfulnesse and hedinesse and without counceile, therfor G.o.d seiethe by the mouthe of the prophete that of hym shuld issew ne come none heire to succeede ligneallie that after hym shulde enjoie and holde his roiaume, and overmore that he shulde visit hym by punisshement, and that aswelle his kynne as hym that had suffred and caused to be so eville inducid. And so it fille after the prophesie. O ye than in the same wise putt.i.the away the delites of sensualitees of suche inconvenient occupacion as before is specified frome the children of n.o.ble men. And late theym be inducid and lerned of youthe that in thingis [of n.o.blesse[179]] that apparteynithe and belongithe to theym to lerne, as in excercising[180] of armes and to suche occupacions of wors.h.i.+p. These thingis provyded and ordeined oughte not be long delaied, but incontinent stedfastlie to be persevered, that then doubte not but that G.o.d, whiche is most mercifulle and allway in every necessite to relief us, despraisithe not the humble and contrite hertis, but that he of his infinite goodenesse wolle accept and take in gree and his grace oure good entent, and shalbe withe us in alle oure G.o.de actis and dedis.

How over gret cost and pomp in clothing shulde be eschewed.

And therfore in witnesse herof eschew and leve the superfluite and excesse of arraie and clothing. And late everie astate use as {80} the worthie Romains did, the whiche, in tyme of affliccions and turmentis or anguisshes by occasion of werres and batailes, used one manere clothing, and anothir maner clothing in tyme of prosperite and felicitee reignyng. And the same maner the ryte and custom of youre adverse partie of Fraunce hathe used, escheweng alle costius arraiementis of clothing, garmentis, and bobauncees, and the usaige of pellure and furres they have expresselie put away. Whiche costues arraymentis and disgising of clothing of so many divers facion used in this youre roiaume, inespecialle amongis youre pore comyners, hathe be one of the gret inconvenientis of the empoveriss.h.i.+ng of youre lande, and enforced gret pride, envy, and wrathe amongis hem, whiche hathe holpe broughte them to gret indigence and povertee.

How that gret hurt and inconvenientis have fallen to the roiaume because the creditours have not been duelie paide of here lonys and prestis made to highe sovereins.

[Sidenote: Nota optime.]

Moreover, youre pore comyns, [yn your antecessour dayes,[181]] not paied holy theire duteis for theire lones, prestis of vitailis and othir marchaundise, as by opyn example was often tymes lent and taken to the behofe of youre predecessoure Henry s.e.xt, named king, but in sondrie wises be delaied and despende gret part of her goode, or they can nighe her deutees and paiementis, and fayn to suffre to defalke and relese partie of her dutee to receyve the othir part, whiche is the cause of gret charge and hinderaunce of youre peple. And therefore, to voide this inconvenient, righte n.o.ble king, withe the discrete avise of youre n.o.ble lordis, let youre riche tresours be spradde and put abrode, bothe juellis, vesselle of gold and silver, among youre true subgettis, and inespecialle to the helpe and avauncement of youre conquest, and to the relief of youre indigent and nedie peple. And inespecialle to tho that have lost theire londis, livelode, and {81} goode in the werres, so that the saide tresoure may be put forthe, and late it be set in money to the remedie and socoure of this gret importunyte and necessite, and to the defens of youre roiaume from youre adversaries before specified; for it is saide that [an empyre or[182]] roiaume is bettir without tresoure of golde than without wors.h.i.+p, and also bettir it is to lyve a pore life in a riche roiaume in tranquillite and pease than to be riche in a pore roiaume where debate and strife reignithe. And if ye wolle doo thus, every man than in his degree wolle doo the same. And to example of us alle ye [soo[182]] puissaunt and mighetie men of good counceile and stere,[183] every man helpe after his degree.

[Sidenote: Nota bene.]

How saint Lowis, king of Fraunce, in his testament writen of his owne hande, counceiled his sonne [that] after hym reigned, to cherisshe and favoure the good Citeis and Townes of his lande, and use justice and peas.

And to doo and werke after the blissid counceile of Saint Lowes, king of Fraunce, [who] declared among othir exhortacions and counceile in his testament, the chapiter where he exhorted and comaundid his sonne Phelip that reigned king after hym, that he shulde put and doo alle his diligence that he shulde kepe his peple in pease and justice, and inespecialle to favoure and cherisshe the good Citeis and Townes of his roiaume, and to kepe theym in fraunchise and fredoms soo as they may encrese and lyve puissauntlie, for if they be tendred, that they be of power and mighetie of goode, the ennemies of youre roiaume or of youre adverse partie wol doubt and be ware to take any entreprise ayenst youre n.o.ble mageste. And if the adversaries wolle werke ayen the honoure of youre parsone, and the welfare of youre roiaume, youre saide citesins and burgeis and good comyns shalbe of power and of goode courage, and wille withe here bodies and goodes largelie depart to be yoven forto resist them. And, {82} therefore, favoure and forbere the pore peple and namelie the nedie, in signe that ye in youre hertis may bring to mynde and remembre the vengeaunce of hard offensis to this roiaume shewed, and to the recuvere of the wors.h.i.+p of the roiaume late lost. And who so hathe not a bodie habille herto, or usage to emploie hym in dedis of armes, or think it long not to hym, as men of religiouste[184]

and spirituelle, temporelle men wolde sey, Yet com forthe withe a goode courage, and not by constreint ne in manere of tasque ne of thraldom in tyme to come, but of fre wille withe a bounteuous hert at this tyme that is so expedient and necessarie, as trew Englisshe men shulde doo, every man bring and put forthe of his goodes after that his power is. Now in the wors.h.i.+p of G.o.d let this be timelie done. It shall now shew, or it may be shewed, who that shalbe founde goode and profitable to the comonwele, or set hym silfe to the employ and fortheraunce of this dede of gret necessite. And who so hathe no power to ley out finaunce, good, or tresoure, yet put his good wille therto. A n.o.ble Roiaume of gret price and of n.o.ble renomme as thow hast be. Whan G.o.d l.u.s.t to shew thy power, and to be victorious, who may noy the? Shall thou than suffre the to be confunded withe simpler people of reputacion then thow art, withe the whiche ye and youre n.o.ble progenitours have conquerid and overcom diverse tymes before this? It is welle to undrestonde that ye have no protectoure, kepar, ne defendour but it come of G.o.d, of the whiche he is witnesse and the leder.

Som say that the floode of Temmys rennythe beting hier than the londe in stormye seasons. Yet for alle that, withe G.o.ddis mighte and grace, thow art not in the extremitee of tho stormes, ne never mote it come there in suche indigence and necessite.

{83}

How that when the Romains were yn that uttermost necessite that bothe mete and money failed hem and here chevalrie destroied, yet tho that [were] left toke goode hert to hem, bothe widowes and othirs, that releved ayen the frauncheis and libertees of Rome.

And where as the Romains fonde theym yn that urgent necessite whan that bothe mete and monney failed theym to susteyne and support theire manhode, neverthelesse n.o.ble courage ne goode hope failed not among hem; so that, what time the auncien gentille bloode was wastid in bataile, than they made knightis of theire bounde men, to avaunce theire conquest forto encrese withe theire hoost. And that the goode wors.h.i.+pfulle ladies of Rome, and namely the soroufulle widowes, whiche at that tyme were not usid of custom nothing to pay ne yelde to the souding of men of armes, yet at that tyme whan suche necessite fille, they offred and brought right liberallie of theire juellis and goodis, for the whiche they were right gretly thanked and praised, and after the victorie had welle recompensid and contentid.