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Ca. 7.

We maye not omitt to wrte that emonge the controversies of Battell there happeneth manye doubtfull cases and cheiflie in single Combatts where no order or constitution of armes is obsrued. And therfore in such cases muste be iudged by the Emperiall or ciuill lawes, yet often it hapneth that souldiers doe refuze the determinacion of the ciuill lawes, havinge a proverbe that saith That lawe and Iustice consisteth in armes onlye And that the sworde is geven in steede of libell, and to suche as vse armes that is grannted wch is not awarded by iustice Valerius maximus sayth that amonge the shoutes of the warrs, the Civill reasons cannot be harde. Yet such as pretend a libertie in armes, as though they oughte not to obeye the civill lawes in decysinge their dyfferente and doubtfull cawses vndoubtedlye doe greatlie erre, for in those lawes is recyted ye whole discipline of warre. And all gentlemen makinge profession of armes, are iudged by Emperors, kinges, Princes, and their livetenants who thorough experience have lerned the lawe and constitutions wch in armes ought to be obsrued They gouerne moste commonlie by lawe written, and when anye doubtfull channce happeneth in armes, they vse the aduise of their officers or capteines, who resolue therof accordinge to their knowledge, experience and iudgement. ffor wch cause it seldome happeneth that they agree all in one opinion. And wantinge the naturall reason sometimes by examples, sometimes by their proper iudgemens wthout the grounde, they erre greatlie. Because they make not their in foundacion vppon the lawe written, lackinge knowledge of the stile and constitucions of armes. And therfore are all men bounde to the Emperiall law, and the Emperors by devine assente before all other are honnored, by whome the vse of armes was founde, allowed brought in prise, and estemed, makinge therin constitucions and lawes, though (as before I saide) the immortall God, before thempire of Rome begon, wth greate care contynuallie exercysed the warrs. And because the Romains did by armes firste possesse the Empire followinge their stepps, all kings have likewise conquered & kept their kingedomes.