Abbildungen der Seite
PDF
EPUB

of battle, he shall be received thereunto. But with out fail, notwithstanding this law, I tell thee well, that foolish is he that such law accepteth, or such gage. And he that is thereunto called, and that already hath the possession in hand, might answer thus to that other: Fair friend, I have nought to do with thy gage. Fight thyself all alone, if you seem it good for I shall never fight for this cause. Şo is there no law that may gainsay him in this case: for prescription is approved of all right.

Item.-Saith the same law, that if it happed two men to fall a-debate together, and that their question were brought to judgment, where both of them should produce or bring forth their proofs, to this intention, that if the one party would gainsay the other, and that they could not accord; if he will make it good by proof of his body, he shall be received.

Item.If a man taketh an action upon another for certain sum of silver or some jewel, or of some other moveable good, which as he said he lent to his father or mother, and that other denieth him the same; he shall also be received against the other to do champ of battle; if he proffereth to make it good by the same mean.

Item.—If a man hath be1 brought to loss and damage by fortune of fire in his house, or in his grange,

[blocks in formation]

or other thing; if he will prove against another in manner aforesaid, that he hath put the fire therein, he shall be heard.

Item.If a man complaineth over his wife, that she is no good woman; tho' he do this for a will for to close her within a wall, or for to be quit of her, or that she should be banished from her dowry; she may defend hereof herself, if she can find a champion that will fight against her husband for her; and if the husband refuseth him, he shall not be believed.

Item.If a man haunteth in the house of a wedded man, if the husband will say that this man hath haunted, and haunteth for to have a-do with his wife, for to shame her and him; this other man that so haunteth there may defend him against the husband by gage of battle. Whereof I do laugh, considering such a folly; that if the fellow that is so accused were great and strong, it were well bestowed, if he feel himself innocent, that he should beat well and thrifly in the champ, that jealous and foolish hus

band.

Item. If a man accuseth another, that he bath perjured himself in judgment; he that is so accused may gainsay it, as it is said.

Many other things containeth the said law that concernen champ of battle, which I leave for shortness of the matter, as a thing not needful more for to

say. But so much is to be understand, that these battles are sometime done by the principal persons, when a reasonable case of some letting falleth there. As it were. If a man too young were accused, or a man that were too old, or a man that had some sickness, or that were impotent, and could not help himself, and sometime a woman, and all such other persons; the which things are all enough expressed and named in the said laws; and namely, if a bondman said that his lord had made him free of his bond and servitude, and this he will make good by his body, the lord is not holden to receive battle therefore; but ought to deliver him a champion. And more it saith, that two clerks of like degree, may have leave to fight each other in champ of battle. Of the which thing sauffe1 her grace, I say that she hath wrong to intermit herself in such a case of any man of the church for the canon that ought more to be obeyed, defendeth them expressly all manner of battle and violent hurt. And I ask thee, if a man impotent as it is said, may set for himself such a champion as shall please him. I answer thee, that the champions that be committed for another are, in this deed of battle, figured, or in figure of procurors and advocates of plea; which office every man may do for another if he will, if right expressly gainsayeth it not. Right even

1

1 save.

276 THE BOOK OF THE FEATS OF ARMS, &c.

so it is of the champions: for whatsoever will, he may be one, so that right gainsay him not for some cause for a thief, or some other, that tofore had committed some great evil or crime, should not be received thereto, nor no man that is known of evil fame. And the reason is good; that is to wit, that if such a man entered a champ of battle for another, and were vanquished there, men should wene that it had been for his own sins; and that therefore he had lost the battle.

This book, together with the "Order of Chivalry," above treated of, and another entitled, the "Knight of the Tower," contain, I apprehend, the greater part of the doctrines of Chivalry. The "Knight of the Tower," relates chiefly to the education and conduct of women. The books are all very curious, and obviously require republication.

ROMANCE.

ON account of the supposed immoral tendency of Romances, a very severe censure has been passed upon them by the famous Roger Ascham. He says that "In our forefathers' time, when papistry, as a standing pool, covered and overflowed all England, few books were read in our tongue, saving certain books of chivalry, as they said, for pastime and pleasure; which, as some say, were made in monasteries, by idle monks, or wanton canons : for example, Morte Arthur, the whole pleasure of which book standeth in two special points-in open man-slaughter and bold bawdry. In which book, those be counted the noblest knights that kill most men without any quarrel, and commit foulest adulteries by subtlest shifts: as sir Lancelot, with the wife of king Arthur, his master; sir Tristram, with the wife of king Mack, his uncle; sir Lamerock, with the wife

« ZurückWeiter »