[The seventh chapitre of the thirde Tractate treteth of kepars of townes customers and tolle gaderers &c.]

The gardes and kepars of of cytees ben signefied by the .vii. pawn whiche stondeth in the lyfte side to fore the knyght/ And is formed in the semblance of a man holdynge in his right hande grete keyes And in his lifte hande a potte & an elle for to mesure with And ought to haue on hys gurdell a purse open/ And by the keyes ben signefyed the kepars of the cytees and townes and comyn offices/ And by the potte and elle ben signefyed them that haue the charge to weye and mete & mesure truly And by the purse ben signefyed them that reseyue the costumes. tolles. scawage. peages/ and duetes of the cytees & townes And thyse peple ben sette by ryght to fore the knyght/ And hit behoueth that the gardes and offycers of the townes be taught And enseygned by the knyghtes/ And that they knowe and enquyre how y'e cytees or townes ben gouerned/ whiche apperteyneth to be kept and defended by the knyghtes. And first hit apperteyneth that the kepars of the cyte be dilygente. besy. clere seeynge and louers of the comyn prouffit & wele/ as well in the tyme of pees as in the tyme of warre/ They ought allewaye to goo in the cyte and enquyre of all thynges and ought rapporte to the gouernours of the cyte suche thynge as they fynde and knowe And suche thynge as apperteyneth and to the seuerte of the same/ and to den[=o]nce and telle the defaultes and paryls that ther bee/ And yf hit be in tyme of warre they ought not to open the yates by nyght to no man/ And suche men as ben put in this office/ ought to be of good renome. & fame, trewe. and of good conscience/ In suche maner that they loue them of the Cyte or town/ And that they put to no man ony blame or vilanye with out cause by enuye. Couetyse ne by hate/ but they ought to be sory and heuy whan they see that ony man shold be complayned on for ony cause. For hit happeth ofte tymes that diuerce officers accuse the good peple fraudulently/ To thende that they myght haue a thanke & be preysed and to abide stille in theyr offices And trewly hit is a grete and hye maner of malyse to be in will to doo euyll and diffame other wyth oute cause to gete glorie to hymself Also the kepars and officers of cytees ought to be suche that they suffre no wronges ne vylonyes to fore the Iuges and gouernours of cytees wyth out cause to be doon to them that ben Innocents/ but they ought to haue theyr eyen and regarde vnto hym/ that knoweth the hertes and thoughtes of alle men/ And they ought to drede & doubte hym wyth oute whos grace theyr wacche and kepynge is nought And that promyseth to them that doubte hym shall be ewrous & happy/ And by hym ben alle thynges accomplisshid in good/ Hit is founden in the historyes of rome that Temperour Frederik the seconde dide do make a gate of marble of meruayllous werke and entayll in the cyte of capnane vpon the watre that renneth aboute the same/ and vpon this yate he made an ymage lyke hymself sittynge in his mageste/ and two Iuges whiche were sette/ one on the right side and that other on the lifte side. And vpon the sercle aboue the hede of the Iuge on y'e ryght side was wreton/ Alle they entre seurly that will liue purely/ And vpon the sercle of the Iuge on the lifte side was wreton/ The vntrewe man ought to doubte/ to doo thynge that he be put to prison fore/ and on the sercle aboue thempour was wreton/ I make them live in misery/ that I see lyue dismesurably/ And therfore hit apperteyneth to a Iuge to shewe to the peple for to drede and doubte to doo eyull/ And hit apperteyneth to the gardes and officers to doubte the Iuges and to do trewly their seruyces and offices And hit apperteyneth to a prynce to menace the traytours and the malefactours of right greuous paynes. And herof we fynde in the auncyent historyes of cecylle that the kynge denys had a broder whom he louyd sore well/ But allway where he wente he made heuy and tryste semblant/ And thus as they wente bothe to gyder on a tyme in a chare/ ther cam agayn hem two poure men wyth glad visage but in foule habite/ And y'e kynge anon as he sawe them/ sprange out of his chare and resseyuyd them worshipfully with grete reuerence/ wherfore his barons were not only ameruaylled but also angry in their corages/ notwithstandynge fere and drede letted them to demande hym the cause/ But they made his broder to demande the cause and to knowe the certaynte/ And whan he had herde his broder saye to hym the demande/ and that he was blessyd & also a kynge whiche was ryche and full of delites & worshipis/ he demanded hym yf he wold assaye & knowe the grace and beneurte of a kynge And his broder answerd y'e/ And that he desired and requyred hit of hym/ and than the kinge comanded vnto alle his fugettis that they shold obeye in alle thynges only vnto his broder And than whan the oure of dyner cam and alle thynge was redy/ the broder was sette at the table of the kynge And whan he sawe that he was seruyd wyth right noble botelliers and other officers. And he herde the sownes of musicque right melodious The kynge demanded hym than/ yf he supposid y't he were benerous and blessid. And he answerd I wene well that I am right well blessid and fortunat/ and that I haue well proued and fele and am expert therof And than the kynge secretly made to be hanged ouer his heed a sharp cuttynge swerde hangynge by an hors heer or a silken threde so small that no man myght see hit where by hit henge/ and whan he sawe his broder put no more his hand to the table/ ne had no more regarde vnto his seruantes/ he sayd to hym why ete y'e not/ ar y'e not blessid/ saye yf y'e fele ony thynge otherwyse than blessid and well/ And he answerde for as moche as I see this sharp swerde hangynge so subtilly and parillously ouer my hede I fele well that I am not blessid for I drede that hit shold falle on my hede/ and than discouerd the kynge vnto hem alle wherfore he was allway so heuy cherid and triste For where he was/ he thought alleway on the swerde of the secrete vengeance of god/ whiche he behelde alleway in his herte/ wherfore he had all way in hymself grete drede And therfore he worshipid gladly the poure peple wyth glad visage and good conscience And by this sheweth the kynge well/ that what man that is all way in drede is not all way mery or blessid. And herof fayth Quyntilian that this drede surmounteth alle other maleurtees and euyllys/ For it is maleurte of drede nyght and day/ And it is verite that to hym that Is doubtid of moche peple/ so muste he doubte moche/ And that lord is lasse than hys seruantes that dredeth hys seruantes/ And truly hit Is a ryght sure thynge to drede no thinge but god/ And sumtyme right hardy men ben constrayned to lyue in drede/ Drede causeth a man to be curyous and besy to kepe the thynges that ben commysed to hym that they perisshe not/ But to be to moche hardy & to moche ferdfull/ bothe two ben vices The comyn officers ought to be wise, discrete. and well aduysed in suche wyse that they take not of y'e peple ne requyre no more than they ought to haue by reson/ ne that they take of the sellars ne of the byars no more than the right custom and toll/ for they bere the name of a c[=o]mun þsone/ and therfore ought they to shewe them c[=o]mune to all men/ and for as moche as the byars and sellars haue somtyme moche langage/ they ought to haue with them these vertues/ that is to wete pacience and good corage with honeste/ for they that ben despiteus to the c[=o]mun/ ben otherwhile had in vilayns despite/ therfore beware y't thou haue no despite to the poure mendicants/ yf thou wilt come and atteyne to thingis fouerayn/ for the Iniurye that is don wyth oute cause/ torneth to diffame hym that doth hit/ A Iogheler on a tyme beheld socrates and sayd to hym/ thou hast the eyen of corrumpour of children & art as a traytre. And whan his disciples herde hym/ they wold auengid their maister/ But he repreuyd hem by suche sentence saynge/ Suffre my felaws for I am he and suche one as he saith/ by the sight of my visage/ But I refrayne and kepe me well from suche thynge/ This same socrates hymself was chidde and right fowll spoken to of his wyf/ and she Imposid to hym many grete Iniuries with out nombre/ and she was in a place a boue ouer his heed And whan she had brawlid I nowh/ she made her watre and pourid hit on his heed And he answerd to here no thynge agayn/ sauf whan he had dryed and wypid his heed he said/ he knewe well that after suche wynde and thonder sholde comen rayn and watre And the philosophres blamed hym that he coude not gouerne two women/ that was his wyf and his chambrere/ And shewde hym that one cokke gouerned well .xv. hennes He answerd to them that he was so vsed and accustomed wyth theyr chydynge that the chydynges of them ne of estrangers dyde hym no greef ne harme/ gyue thou place to hym that brawleth or chydeth/ and in suffrynge hym thou shalt be his vaynquysshour/ And Cathon fayth whan thou lyuyst ryghtfully recche the not of the wordes of euyll peple/ And therfore it is sayd in a comyn prouerbe/ he that well doth reccheth not who seeth hit/ & hit is not in our power to lette men to speke. And prosper sayth that to good men lacketh no goodnes/ ner to euyll men tencions stryfs and blames And pacience is a ryght noble vertu/ as a noble versifier sayth That pacience is a ryght noble maner to vaynquysshe. For he that suffreth ouercometh. And yf thou wylt vaynquysshe and ouercome/ lerne to suffre/ The peagers ner they that kepe passages ought not to take other peage ne passage money but suche as the prynce or the lawe haue establisshid/ so that they be not more robbeurs of moneye than reseyuours of peage and passage And hit apperteyneth to them to goo out of the paryllo*9 weyes and doubteuous for to kepe their office and they ought to Requyre theyr passage of them that owe to paye hit wyth oute noynge and contencion/ And they ought not to loue the comyn prouffyt so moche/ That they falle in the hurtynge of theyr conscience/ For that shold be a manere of robberye And herof sayth ysaye Woo to the that robbest/ For thou thy self shalt be robbed/ The gardes or porters of the gates of cytees and of the comyn good ought to be good and honeste. And alle trouthe ought to be in them and they ought not to take ne withdrawe the goodes of the comyn that they haue in kepynge/ more than apperteyneth to them for theyr pension or ffee/ So that they that ben made tresorers and kepars ben not named theuys/ For who that taketh more than his/ He shall neuer thryue wyth alle/ ner shall not enioye hit longe/ For of euyll gooten good the thyrde heyr shall neuer reioyce/ And this suffisith &c.


[This chapitre of the thirder book treteth of Rybauldis players of dyse and messagers and corrours]

The rybaulders, players of dyse and of messagers and corrours ought to be sette to fore the rook/ For hit apperteyneth to the rook whiche is vicayre & lieutenant of the kynge to haue men couenable for to renne here and there for tenquyre & espie the place and cytees that myght be contrarye to the kynge/ And thys pawn that representeth thys peple ought to be formed in this maner/ he must haue the forme of a man that hath longe heeris and black and holdeth in his ryght hand a lityll monoye And in his lyfte hande thre Dyse And aboute hym a corde in stede of a gyrdell/ and ought to haue a boxe full o lettres And by the first/ whiche is money is vnderstand they that be fole large & wastours of theyr goodes/ And by the seconde whiche is the dyse Ben represented the players at dyse/ Rybauldes and butters/ And by the thyrde whiche is the boxe full of lettres ben representid the messagers. corrours/ And berars of lettres/ And y'e shall vnderstande that the roock whiche is vicaire of the kynge whan he seeth to fore hym suche peple as ben folelarge and wastours. He is bounden to constitute and ordeyne vpon them tutours and curatours to see that they etc not ne waste in suche maner theyr goodes ne theyr heritages/ that pouerte constrayne hem not to stele/ For he that of custome hath had haboundance of moneye and goth and dispendith hit folily and wasteth hit away/ whan he cometh to pouerte and hath nought/ he must nedes begge and axe his breed, orellis he must be a theef/ For suche maner of peple/ yf they haue ben delicyous they wyll not laboure/ for they haue not lerned hit And yf they be noble and comen of gentilmen/ they be ashamed to axe and begge/ And thus muste they by force whan they haue wasted theyr propre goodes yf they wyll lyue they muste stele and robbe the goodes of other And y'e shall vnderstande that folelarge is a right euyll vice/ for how well that she dooth good and prouffyt somtyme to other yet she doth harme and domage to hym that so wasteth. Caffiodore admonesteth the fole larges to kepe theyr thynges/ that by no necessite they falle in pouerte/ And that they be not constrayned to begge ne to stele of other men For he faith that hit is gretter subtilte to kepe well his owne goodes/ than to fynde strange thynge/ and that it is gretter vertue to kepe that is goten than to gete and wynne more/ and claudian saith in like wise in his book that hit is a gretter thynge & better to kepe that is goten Than to gete more And therfore hit is sayd y't the poure demandeth and beggeth er he felith/ and also hit is sayd that he y't dispendith more than he hath/ with oute strook he is smyten to the deth/ Ther was a noble man named Iohn de ganazath whiche was ryght ryche/ And this man had but two doughters whom he maryed to two noble men/ And whan he had maryed them/ he loued so well his sones in lawe their husbondes/ that in space & succession of tyme/ he departed to them alle his goodes temporell/ And as longe as he gaf to them they obeyed hym & were right diligent to plese and serue hym/ so hit befell that on a tyme that he had alle gyuen in so moche that he had ryght nought/ Than hit happend that they to whom he had gyuen his goodes/ whiche were wonte to be amyable & obeyssant to hym as longe as he gaf. Whan tyme cam that he was poure and knewe that he had not they becam unkynde Disagreable and disobeyssant/ And whan the fader sawe that he was deceyuyd by his debonayrte and loue of his doughters/ He desired and couetyed fore teschewe his pouerte/ At laste he wente to a marchant that he knewe of olde tyme. And requyred hym to lene to hym. x. thousand pound for to paye and rendre agayn wyth in thre dayes/ And he lente hit hym/ and whan he had brought hit in to his hows/ Hit happend that hit was a day of a solempne feste/ on whiche daye he gaf to his doughters and her hufbonde a right noble dyner/ and after dyner he entrid in to his chambre secretly wyth them/ And drewe out of a coffre that he had do make all newe shettynge with iii. lockis/ the menoye that the marchant had lente hym And poured out vpon a tapyte that his doughtres and theyr hufbondes myght see hit/ And whan he had shewid hit vnto them he put hit vp agayn and put hit in to the cheste saynynge that hit had ben all his And whan they were departed he bare the money home to the marchant that he had borowed hit of/ And the next day after his doughters and theyre hufbondes Axid of hym how moche moneye was in the cheste that was shette wyth. iii. lockis/ And than he fayned and saide that he had therein. xxv. thousand pound/ whiche he kepte for to make his testament and for to leue to his doughters and hem/ yf they wolde here hem as well to hym ward as they dyde whan they were maried/ And than whan they herde that/ they were right Ioyous and glad And they thoughte and concluded to serue hym honorably as well in clothynge as in mete and drynke & of alle other thynges necessarye to hym vnto his ende And after this whan the ende of hym began tapproche/ he callyd his doughters and her husbondes and sayd to hem in thys mauere/ y'e shall vnderstande that the moneye that is in the chest shette vnder. iii. lockes I wylle leue to yow Sanynge I wyll that y'e gyue in my prefence er I dye whilis I lyue to the frere prechours. C. pound and to the frere menours. C. pound/ And to the heremytes of saynt Augustyn .I. pound to thende that whan I am buryed and put in the erthe y'e may demande of them the keyes of y'e cheste where my tresour is Inne/ whiche keyes they kepe/ and I haue put on eche keye a bille & writynge In witnessinge of the thynges abouesayd/ And also y'e shall vnderstande that he dyde do to be gyuen whilis he laye in his deth bedde to eche churche and recluse and to poure peple a certayn quantyte of moneye by the handes of his doughters husbondes/ whiche they dyde gladly. In hope to haue shortly the money that they supposid had ben in the cheste/ And whan hit cam to the last day/ that he deyde/ He was born to churche and his exequye don and was buryed solempnly/ And the eyght daye the seruyse worshipfully accomplisshid/ They wente for to demande the keyes of the Religious men that they had kept/ whiche were deliueryd to them/ And than they wente and opend the coffre where they supposid the money had ben Inne/ And there they fonde no thyng but a grete clubbe/ And on the the handlynge was wreton/ J Iohn of canazath make this testament/ that he be slayn wyth this clubbe/ that leuyth his own prouffit. And gyuyth hit to other/ as who sayth hit is no wysedom for a man to gyue his good to his children and kepe none for hym self/ And y'e shall vnderstande that it is grete folye to dispende and waste his good/ In hope for to recoure hit of other/ be hit of sone or doughter or ryght nyghe kyn/ For aman ought to kepe in his hande in dispendynge his owen goodes/ to fore he see that he dyspende other mennys/ And he ought not to be holden for a good man/ That hath lityll renome and spendeth many thyngys/ And I trowe that suche persones wold gladly make noueltees as for to noye and greue feignories and meue warres and tencions agaynst them that habounde in rychesses and goodes/ And also make extorcyons clamours & trybulacyons ayenst theyr lordes to thende to waste the goodes of the peple. lyke as they haue wasted theyris And suche a wastour of goodes may neuer be good for the comyn prouffit. And y'e shall vnderstande that after these wastours of goodes we saye that the pleyars of dyse and they that vse bordellis ben worst of alle other For whan the hete of playnge at the dyse/ And the couetyse of theyr stynkynge lecherye hath brought hem to pouerte/ hit foloweth by force that they muste ben theuys and robbeurs And also dronkenship. glotonye. And alle maner of euyllis folowe them and myschief/ And they folowe gladly the companyes of knyghtes and of noble men whan they goon vnto the warre or batayllis And they coueyte not so moche the victorye as they do the robberie And they do moche harme as they goo And they brynge lityll gayn or wynnynge/ wherof hit happend on a tyme that fsaynt bernard rode on an hors aboute in the contrey And mette wyth an hasardour or dyse-player/ whiche sayd to hym/ thou goddes man wilte thou playe at dyse wyth me thyn hors ayenst my sowle/ to whom saynt Bernard answerd/ yf thou wilt oblige thy sowle to me ayenst my hors/ I wolle a lighte doun & playe wyth the/ and yf thou haue mo poyntes than I on thre dyse I promyse the thou shalt haue myn hors/ And than he was glad/ and an[=o]n cafte. iii. dyse/ And on eche dyse was a fyfe/ whiche made. xviii. poynts And anone he toke the hors by the brydell/ as he that was fewr that he had wonne/ and said that the hors was his And than saynt Bernard sayde abyde my sone For ther ben mo poyntes on the dyse than. xviii. And than he caste the dyse/ In suche wyse that one of the. iii. dyse clefte a sonder in the myddes/ And on that one parte was fyfe and on that other an Aas/ And eche of that other was a fyfe/ And than Saynt Bernard sayde That he had wonne hys sowle for as moche as he had caste on thre dyse. xix. points/ And than whan thys player sawe and apperceyuyd thys myracle/ He gaf hys sowle to saynt Bernard and be cam a monke and finysshid his lyf in good werkes/ The corrours and berars of lettres ought hastely and spedily do her viage that comanded hem/ with oute taryenge/ For their taryenge might noye and greue them that sende hem forth/ or ellis them to whom they ben sent too/ And torne hem to ryght grete domage or villonye/ for whiche cause euery noble man ought well to take hede to whom he deliuere his lettres and his mandements/ and otherwhilis suche peple ben Ioghelers & dronkelewe/ And goon out of their waye for to see abbayes and noble men for to haue auantage And hit happeth ofte tymes/ that whan suche messagers or currours ben enpesshid by ony taryenge/ That other currours bere lettres contrarye to his/ And come to fore hym/ of which thinges ofte tymes cometh many thinges discouenable of losse of frendes of castellys & of lande & many other thinges as in the feet of marchandise &c. And otherwhile hit happeth that a prynce for the faulte of suche messangers lefeth to haue victorye vpon hys enemyes/ And also ther ben some that whan they come in a cyte where they haue not ben to fore/ that ben more besy to visyte the Cyte and the noble men that dwelle theryn/ Than they ben to doo theyr voyage/ whyche thynge they ought not to doo/ But yf they had specyall charge of them that sente hem forth so to doo. And also whan they be sente forth of ony lordes or marchauntes they ought to be well ware/ that they charge hem not wyth ouer moche mete on morenynges ne with to moche wyn on euenynges/ wherby her synewis and vaynes myght be greuy/ that they muste for faute of good rewle tarye But they ought to goo and come hastely for to reporte to their maistres answers as hit apperteyneth And this suffisen of the thynges aboue sayd.