Fol. 77. b.
ow efter that he has determynit of Bataillis bathe in generale and in speciale, than will he declare the Armes that all Princis and Nobles and othir Gentillis aw to were, and of thair colouris, and discripciouns: And fyrst, Quhethir a man that is nocht of thair lygnie may bere leuefully thair Armes at his plesaunce? the quhilk mater is nocht lycht to declare, bot of grete difficultee for mony caussis. And first, men suld vnderstand that sum Armes was gevin of power of autoritee of Emperouris, Kingis, and Princis, to Lordis, and otheris Barouns, or to thair predecessouris, the quhilkis ar of alde tyme, and of alde ancestrye, that nane suld bere, bot thai war cummyn of that lignie, that is to say, in the realme of the Emperoure, King, or Prince that gafe the said armes; ffor and the King of France had gevyn a lyon of gold to bere till a Lord of his contree, quhat wrang dois that Lord till ane othir Lord of Spaigne or of Almane, that the Emperoure or the King of Spayne had gevin it till. Bot thare is othir maner of Armes, the quhilkis ilke man that beris thame, tuke at thair awin plesance to mak difference and knaulage amang Lordis, Gentilis, and noble men of armes, to knaw ilk ane be othir. And all namys and surnamys of men was foundyn ffor the samyn cause. Or ellis all suld haue bene in confusioun that nane suld haue had knaulage of ane othir. And this name may ilke man tak, and geue his barne at his awin plesance, or the godfader, or godmoder, or frendes may geue namys to thair frendis; and rycht sa in the samyn wyse is it of armes, that in the begynnyng quhen the weris began, till haue sum defference amang nobles, sik armes was, sum assignit be Princis and Lordis; sum was tane at the plesance of partye; sum be thair frendis consent and consale, sa that men of honour and of estate suld be knawin be thair armes, the quhilkis ar callit thair takenys in armoury. And thus in were tyme, new men of armes that has nane armes of propertee, may in this wise tak armes at thair lyking syk as thame lest. Bot nocht to tak nane otheris Armes.
HERE SPERIS THE DOCTOUR GIF A MAN MAY TAK ANE OTHERIS ARMES AT HIS LYKING.
s thus a Man has tane to bere in his Armes a low of gules in a champ of siluer, ane othir of that ilke toune has tane the samyn efter that he has it wynteris and ȝeris. Than speris the questioun, Quhethir the first may gaynstand this armes and plenȝe to the Prince, and ger this be reformyt and forborne. And first he sais, Nay; ffor quhy ony man may tak lefully, as before said is, ane othir mannis name, and call his barne in the samyn toun, ffor it befallis oft tymes that syndry men ar callit be a name in the samyn toun; and may do it but lak. And quhy then may thai nocht alswele tak twa ane armes, or thre, or alsmony as lykis. Bot the countre party sais agayne, That it is a commoun vse and custume in mannis lawe, and approuit be othir lawis, that quha sa euer may first tak wilde foule, or fysch, or wylde beste in the wilderness, it is his be the lawe. And than, sen this noble man has first tane sik a beste, or sik a foule, or sik a fisch, to bere in his schelde and on his cote of armes, and on his banere, pannoun of armes, or in blasone apon his heraulde or perseuandis brest, or othir wayis to paynt in hall or chaumer at his lyking; Quhy suld ony othir tak it efterwart to bere that war in toune or in the samyn contree, quhare it war borne? And als it war mare thair scathe na thir prouffit, ffor it wald quhilom mere men that had grete dedis ado, quhen thai wend to cum to thair awin maister in werefare, thai mycht failȝe, and othir wayis in syndry wyse mycht erre in thair dedis that mycht hynder bathe the partis that nedit nocht, na is na poynt of gude gouernaunce, na gude policy in dedis of armes: And as langand this questioun the Doctour makis sic a conclusioun, That gif a gentill man or lord had tane ane armes at his plesance, and borne it lang tyme opynly kend in dede of armes, and in weris, or othir wayis in tyme of pes, that it war kyd and knawin till him and his lignage; Thare aw nane othir in that contree to tak the samyn to bere, na the Prince na the lord of that contree, suld nocht lat tham bere it on na wise, ffor than war the principale cause of Armes-taking all forletyn; ffor the principale cause of Armes-taking is for to knawe the personagis of noble men in bataill, or in armes, or in tournamentis, or to knawe a lord in felde be ane othir, with his men, and his frendis and wele willaris suld draw till him and knawe him be his takin, and sa suld the diuersitee of armes mak the knaulage of the diuersitee of personnagis; and gif it be hapnyt ony lorde or othir man to be slayn in felde, and sa manglit that his visage mycht nocht be knawin, be his cote of armes he suld be knawin and brocht to Cristin beriss: And alssua, that be the defference of armes euer furth quhill the warld lestis, men suld knaw be the takynnyng of thair armes, thair sepulturis quhare thai ar beryit; and quha was in thai tymes maist honourable and worthy men, as oft tyme men seis apon thair sepulturis be thair frendis maid efter thaire decesse, and sum be thame self or thai be dede; be the quhilkis, quhen all the lygnie is failit, and the surname, ȝit will the valliance of thame be knawin be thair armes, the quhilkis in armes are callit Takenis: ffor and syndry lordis or gentilis tuke all ane armes, or takenis, it was bot a confussioun. And a mare grete resoun ffor be all gude custumes of noblesse, lordis, and gentilis, makis thair selis efter thair armes, and gif ane suld bere ane otheris armes in his sele, men suld nocht wit quhais it war. Item, all Kingis suld kepe that na man do till othir dishonour, schame, na villany, na injure, na new novelliteis. And it is to presume, gif ony man wald newly tak ane alde armes of ane otheris that it war for dispyte or injure to despise him to prouoke noise and debatis for alde fede or enuy, the quhilk the Prince suld stanch. And as to the argument, it is na thing lyke till a man to be callit lyke till ane othir or syndry in a town; For quhy? For sik cause men has gert geve ilke man his surname that makis the difference. Bot and mony men bare ane armes, how suld ony man, Haralde, or othir, knaw men, na geve the honoure of gude dede till him that had honourabily deseruit it, or to geve lak and dishonour till cowardis or flearis fra bataillis: And tharefore, in all sik debatis, the Prince suld ger sett remede. And gif ony complaynt war, se, be Harraldis and men of knawlage, quha had rycht, quha wrang, and do justice.
HERE SPERIS THE DOCTOURE GIF A FRANCH KNYCHT SAW A DUCHEMAN OF ALMANE BERAND HIS ARMES BUT DIFFERENCE, AND HE APPELLIT HIM OF WERE TO FECHT WITH HIM, OR FORBERE THE ARMES; QUHETHIR AW HE TO BE ADMYTTIT, BE PRINCE, OR NOCHT TO FEICHT IN BARRIERIS WITH HIM.
s gif a Knycht of Almane wald cum to see noblesse in France, as tournamentis or othir wasselage, and that he fand a Knycht in France at the tournayment, that bare the samyn armes that he beris: And thus he maid questioun bustously, sayand, He traistit he wrangit him and his lignie to bere thai armes, sperand, be quhat title of rycht he bare thame? The Knycht of France ansuerd, sayand, That he traistit that he mycht bere lefully the takyn of armes that his fader, and forefader, and all his ancestris had of sa lang tyme borne, that thare was na memorye in the contrarye. The Duche Knycht replyis agayn, sayand, Gude Sir, suppose your fader and ancestris haue borne thame sik a tyme, my kyn and ancestris ar of eldare begynnyng na ȝouris, and als ar mare noble of lignie; quharefore, sen ȝe and ȝouris has tane thame efter us, and ȝe ar nocht of sa grete noblesse of alde ancestry, me think ȝe suld deferr till us, and nocht we to ȝow: Quharefore, I say ȝe bere thame euill and wrangwisly, and that I sall preue with my persone. And with that the Franchman sais, That he dois him na wrang that beris the armes that his ancestres has of sa lang tyme borne, and that he denyis his wrang, and that sall he defende. Than is this the question, Quhethir the King aw to geve leve to thir twa Knychtis to feicht, or nocht? And as to the first visage, it semys thai suld be tholit, be the resouns that the Duche Knycht allegis. Bot the Doctouris accordis nocht to that opynion, ffor as we have before said, thai ar nocht of a realme, na of a Prince haldand, quharfor the Naciouns makis the defference sufficiand, sa that it war nocht done for despyte, na othir barate; ffor gif a trauailand Knycht of France had tane sik armes, and he war a wikkit man, of lyf a tyran, and unhonourable, that mycht defame the armes in ferre contreis, the Duche Knycht mycht haue sum coloure and resoun tharefor, gif the Franch Knycht past in Burgone, or Barry, or Lorane, and brynt and slewe, and reft and forsit women, and had renoun to be a wikkit man of lyf, and men wist nocht his surname, na of quhat contree he war, and the tothir Knychtis armes war kend our all thai countreis, and sum men mycht traist that it war he; and in this cas, the Duche Knycht had resoun to ask him to be depriuit of his armes at the King of France, and the King to grant it him, gif the said Duche Knycht and his lignie war approuit men of honour, and thareapon grant him leue of bataill in listis, as said is, gif him lykis for the cause, efter the custumes may be tholit.
HERE SPERIS THE DOCTOURE HOW THAI SULD BE PUNYST THAT BERIS OTHERIS ARMES WRANGWISELY, IN ENTENCIOUN TO DO MYS VNDER SCOUG OF THAME COUERTLY.