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Whether a Souldier discontinuenge armes
maie come to combatt wth a gentleman

Ca. 12.

hauinge alreadie sufficientlie exa:
mined that a villaine or man of base condicion longe
exercysed in armes maye in case of his owne honnor challenge a
gentleman by birthe, yet is it doubted yf a soldier beinge a villaine
by nature, longe exercyzed in armes, discontinueng that liffe, &
not for offence or other defaulte, but voluntarilie dwelleth in the
village at his auntient howse, where he Challengeth a gent
borne, whether he maye so lawfullie doe or not? The lawe
Ciuile concludeth, that a villaine maye not provoke a gent
to personall combat, wherto this provoker, alleadgeth that he is
made noble by longe exercise in armes. On the other side
it may be saide that souldiers doe not enioye the priviledge
of armes longer then they continnue in that exercyse, but beinge
retorned to his accustomed rusticitie, the gent demandeth
reason. Wherto I say that the villaine that hath longe fol:
lowed thexercyse of armes, and hath in the armie bene re:
uted a soldier, may fight wth anye gent either in or wthout
the Campe. But all lawes do saye, the souldier that le:
veth thexercise of armes and retorneth home shall not
have those priviledges wch a soldier dooth enioye except he
discontinueth by reason of Peace taken, or by licence &
determinacion to retorne againe. ffor beinge ever in readines
and occasioned by sicknes or age at anie time to retire him
self wthout anye offence done, Or in consideracion of longe
seruice by the space of xxty yeares he ought to be privy:
ledged, and not bounde to any vile seruis in Person And
shall in all penalties be intreated as a gent, and shall
by the lawe imperiall have manie other piviledge where:
fore sith this Soldier hath longe exercyzed armes faith:
fullie & virtuouslie leaving the same wthout reproche
and licenced by his Superior to repose him in his owne
house, he ought not to lose his nobilitie gotten by armes