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 ...

¶Here speketh of one manere of werre called mar••ue to wite yf it is iuste / Capytulo v

MAyster where yet I am not satysfyed with thy wyse and Iuste conclusyons I wol make vnto the certeyn questyons and demaundes vpon another manere of dyffe••rence that nyghe draweth to werre whiche I wot not whe∣ther it is of ryght or not / For the auncyent gestes make noo mencyon therof / but the prynces and the lordes syn the auncyent lordshipes haue taken to vse therof whiche is cal¦led Marke that is whan a man of a royalme as it were of Fraunce or of som other lande / can not haue noo ryght of certeyn wronge doon to hym of som myghty man straunger wherfore the kynge gyueth hym a manere of a lycence to ta¦ke / arreste or to putte in to pryson thrughe strengthe and ver¦tue of certeyne lettres opteyned of hym marchauntis and all other and in likewyse theyre goodis that cometh out of the lande and countrey of hym that hath doon the wronge vnto tyme that ryght and restytucyon were made vnto the

party playntyff of his actyon and demaunde / Soo wolde I gladly wite yf suche a thinge cometh of ryght / For a grete merueylle it is to me that a man of the coūtrey of hym that hathe doon the mysdede that haply neuer see hym nor is not coulpable / and yet for thys cause he shal be arrested or putte in to pryson and his goodys taken yf he be founde where as he that was wronged hathe powere / and shall must nede paye and restore that wherof he oweth nought nor hathe no gylt therunto / Doughter dere to saye trouthe thou must knowe after the wrytynge of thauncyent ryght / that thys manere of werre that is called marke / thrughe whiche one taketh and bereth domage for another wythout hys desserte is not iuste nor the ryght wryton graunteth hit not / the whyche ryght hath ordeyned that yf a marchaunt of parys or of whens he be of is bounde to a marchaunt of Florens whiche asketh iustice byfore his iuge / but he can not haue of hym hys askynge / the marchaunt florentyn may pursue his debytour to fore the kynge tyl that ryght be admynys∣tred vnto hym / But for to saye that by cause that a mar∣chaunt of paris is bounde vnto hym / he myght putte in pry¦son another marchaunt or bourgeys of parys or of some other place of the royalme / or hys goodis to take vndre ar∣rest / veryly for to saye thys manere of fourme is nother of ryght not of rayson grounded / But see here what of ryght may be doo therto / whiche lordes haue brought vp for thys cause / I suppose that an ytalyen were holden to a Frenshe man of a grete some of syluere / of the whiche bonde he wyl defrawde and begyle hym that is hys credytoure / wherfore he forsaketh hys owne countrey and goeth dwell in england by cause that he knowe well that the frensheman shall not goo for to pursue nor plete with hym there / Or ellis thys

〈◊〉〈◊〉 fall another manere of cas / A genewey is bounde 〈◊〉〈◊〉 a goo to a frencheman whyche shall knowe well that by cause of the euyll wylle that nowe is betwene the kynge of Fraunce and the duke of Iennes / the frenshman shal not goo to Iennes for to pursue his dutee / wherfore he shal be of so euyll contynaunce / that he shal doo noo force for to make restytucyon / what shall thenne the frenshman doo he shall drawe hym self towardis the kynge / as a subgcet ought to his lorde / for to haue his help that he may recouere his owne goodis / The kynge thenne well enfourmed that this man sayd trouthe / shall gyue hym marke / And in lykewyse the kynge shall gyue the same yf it hap that a knyght or som gentylman complayneth that he hathe be dystressed & robbed Iniuried or brought to ashame som where as the kynge ha¦the noo deffyaunce of werre vnto the tyme that restytucion and amende be to hym made / Thys cawte••e founde the coun¦seyllers of the prynces for to withstande suche barates and deceytes / Thys marke conteyneth that euery personne that shuld be foūde in the lande of the prince that giueth hi•• that is of the contrey / towne or place of hym that shulde haue doo or shulde doo the oultrage or wronge / shulde be take •• & his goodis in to the courtis hande / tyl that the marchaūt were payed & restored / or that to the iniurie were made a suff••saūt amende / & thenne whan the marchaūtes see themself so euyl handled in straūge coūtreis where as marke is giuen a••enst them / they fynde suche wayes with the iustice of theyre pla∣ce or towne that he or they that be causers of the wrong that was doon / shal be constrayned to contente & restore that other & for this cause hit was foūde & brought vp / and to this pro¦pos serueth well a comon prouerbe that sayth / that by an in conuenyent is chastysed another inconuenient also by the

same hurt is another hurt repayred / for by noon other wa∣ye can men haue noo ryght of many and dyuerse wrongys that be doon / or that might be doo to straūgers gooynge by y^e waye / But not withstandyng that this thing myght ha∣ue eny coloure of ryght I telle the so moche therof that euery kynge or prynce of whom this marke is requyred / ought not therfore to graunt hit lyghtly / For it is a thinge ouere greuouse and poysaunt / Wherfore it ought to be delibered wyth peyne for two pryncipall raisons / that one by cause it is a thinge that full sore may hurt a mannys conscyence / that other is / that it may be a begynnyng of awerre / And therfore what ought a kynge for to doo whan he is requy∣red for to gyue hit ayenst som countrey / cyte or towne / he ought first enquyre by his president or chaūceller / or by som other wise legyste or man of lawe for what rayson he requy¦reth the same & what cause he hath therto / And yf the man sayth that whan he cam fro mylaen were taken from hym in the towne of Ast ten thousand frankis orthe value the¦rof or more or lesse / & that of them he coude haue noo ryght but they of the towne bare out this thynge though that he dide his deuoire to complayne bifore theire iustyce / Thenne ought y^e kinge to write vnto them / praying that amyably they wyl receyue his lettres & make restitucyon to be made vnto his subget of the oultrage hurt & domage that by on•• or dyuerse of hem hath be doon / and yf it so happe thēne that for his sendyng & desire they wol doo nought & make noo force of the kyngis lettres / & that it be seen & delibered by dy∣reccion of gode coūseil thēne suche a marke longeth therto / the kynge thenne after the costume of the lordes temporall may gyue hit of his auctorite especyall /