Here begynneth the table of the rubryshys of the boke of the fayt of armes and of chyualrye whiche sayd boke is departyd in to foure partyes ...

¶How champ of bataille representeth somwhat proces of pleetyng / And whether it is of ryght that the champyons shall swere by fore they entre the felde / Capitulo x / (Book 10)

BVt how be it that gage of batayll̄e as I haue sayde bi¦fore be of oure doctours reproued Neuertheles bicause it is a thynge whiche is in vsage in the dedes of noble men & in thexcercyce of armes & of knyghthode that suche batayl¦le haue ben & are by the kynges / prynces & lordes iuged after the ryght that hit can haue wherof the custome shall not yet faylle in all places it is gode for to speke yet therof to the lernynge of thoos that shall most iuge therof / & semblably of theim that shall vndretake hem / For I holde that the most parte of the noble men / what that many one speketh of kno¦we not veray well that whiche is or ought to be conteyned in suche a bataylle touchinge thentrepryse / the dooing •• th•• iugemēt vpon the same / soo shal I telle the therof fyrst thou ought to knowe / & it is veray certeyne y^t thees particul•••• batailles shewen by figure nature of iugemēt for ryght soo as to a iugemēt is the iuge & he that claymeth action ••lso the defendaūt present / also is there the forespeker & the proues & after the same foloweth the sentence / semblabli so is the iu¦ge & lorde in a clos felde tofore whome the bataille is made the party playntyf & y^e deffendaūt be the two chāpions that fight there togyder / the witnes & proues ben theire armures & the strokes y^t they giue to eche other by the whiche strokes & armures either of them forceth him self for to proue best their entēcion / & therafter foloweth y^e victorie whiche falleth to one of them y^t represēteth y^e diffinitiue sētence / maister I beseche the y^t thou take not now in anger yf I putte interrupcyon

in thy wordes / for a questyon that I wil aske of the / by cau¦se that I haue herde the saye that the champyons doo swere whan they entre the felde &c̄ / whether it is a thynge ryght wys that they make eny othe there / For it shulde seme nay and it nedeth not by cause that in a generall batayill̄e where two kynges were and theyre folke shulde noon othe be ma∣de / and why thenne shall two persones swere / Dere loue I ansuere the / that for to make there theyre othe / it is but the ryght of suche a bataylle / and it is noo goode that that thou sayst that in grete batailles is noon othe made / Knowest thou the cause / it is by cause that suche grete bataylles are entreprysed by delyberacyon of a grete counseyl and Iuged of the lordes / soo behoueth there noon othe / But to suche a partyculer werre / the prynce can not knowe so wel the certe¦ynte of the quarelle / and therfore he wil take of them theyre othe vpon that whiche they vndretake to proue by theyre bo¦dyes / Soo calleth hit the lombardyshe lawe / the hed othe / & thys othe that thou knowe / is of the nature of y^e othe of ca¦lengyng whiche ought to be taken atte the begynnyng of al manere of plee / where as the party playntyff swereth that his action is rightwys & gode / and after that swereth the partye deffendaūt that his deffenses be true / and euyn thus it ought to be doon in a champ of bataylle / But to thende that thou shalte vndrestande / there is a crafte for to take suche an othe / For yf he that called that other / swereth ab¦solutly ayenst the other of that thynge wherof he is not wel certeyne / as thoughe I suere vpon the holy gospel that thou hast mordred or made to be murdred my fadre or my broder and al weyes he is not therof wel certeyne / For he hathe not hit wel seen / but it may be that he shall haue herde saye the same / or for som coloure he shal haue a suspectyon therof

suche an othe is folisshly made / For noon oughte to swere absolutly for a thinge / but that by his owne eyen he be sure and certeyn that it is soo / and for thys cause may be his qua¦rell nought / For he forsuereth hym self yf it be not as he say¦th / But it is otherwyse of the partye deffendaūt •• for he can not be ygnoraunt of the quarelle / for well he doth knowe yf he be coulpable of the dede or not / and therfore his quarell is bettre / in cas that he fele hym self pure & cleue therof / but yf he wilfully doo for swere hym self / muche more is worse his cause than of hym that weneth to saye trouthe / wherfore for to be more certeyn and in surete to haue a good quarelle the party playntyf / that is to saye he that calleth that other whi¦che is party deffendaunt / ought to swere onely without m••¦re that he holdeth stedfastly & bileueth that that other hathe kylde his fader / or hathe doon to hym thyniurye wherfore he calleth hym to bataylle / & by thesame shall his quarell be the bettre / Soo ought he for to saye bifore the prynce the cause why he his so moeuyd and the manere of the cas & the prin¦ce thervpon ought to be wyse for to see and aduyse by the 〈◊〉〈◊〉 constances / yf this that he saith may be true or not for yf the cryme or mysdede had be doon the day afore nyghe the park of vycenes / and that he that of the same is accused cowde brynge true proues that all that day he was ferre thens he ought not to gyue noo feyth to suche callyng vpon that wh••¦che were impossible / so ought the prynce therfore wel to adu••¦se that the quarelle be iuste or euer that he iugeth hit accep¦table and not to here all them that calle other thrugh folys•• moeuynges and dotyng opynyons / For many there be so li¦tell wise that they wolde folyshly expose hem self to thesame for noo cause atte all / or for litel occasion / and they shulde wene that it were a fayre dede doon of hem bicause of theire

lytyl consyderacyon / And it is noo pyte whan it falleth euyl to them / but of that other partye is compassion for they must deffende hem self / and yf they doo it not after the vse of armes men shulde gyue hem blame and dysworshyp ther¦fore / ye after thopynyon of the yong folk not wise in this caas / And I aske of the / yf yt happed that bothe the parties wolde be fyght eche other in a playne felde / or ellis without the presence of the prynce / shulde he suffre it I telle the / nay / For it is a thinge wherof the knowlege longeth vnto him for to gyue hys Iugement vpon the same / and ayenst the prynce in this caas / may not theyre owne wille make noo prouydence / but that the sayde lorde or he that is commytted and ordeyned and also they that must kepe hem / muste be the¦re present by cause they shal be there sure of all other person¦nes nor noo man in the worlde ought not to say there no∣thyng vpon peyne to be gretly shent without it be by the kyn¦ge or prynces maundement that ought to iuge att latter en¦de whiche of bothe is ouercome or vyctoryouse /