And it is a reason in lawe that armes were invented before the lawes, wch after fave order and discipline in the vse of the same, wch maye not iniustlie be called religion. ffor the sondrie iuste precepts as for the privilidges in arms, for the conservations of the reputacion of soldiers and gentlemen, for the rules and ordinannces, wheby gentlemen professinge armes, might wth discretion governe. And in respecte of armes, the Empire was called moste happie, because thorough the exercyse of armes the emperiall lawes are preserued inviolable, the Emperor by the lawes and by armes in the Empire, have ever bene kepte mainteined and defended By the emperors was firste constituted the arte of the warrs, wch order and discipline, is obsrued, gevinge great priviledge to all gentlemen professinge the warrs, as the civill lawe in manie place macketh mencion. And amonge the reste Constantino the emperor did moste of all furnish the lawe of armes wth good constitucions and priviledges against suche soldiers as obsrue not the discipline, or that vnorderlie doe fighte to the disaduanntage of the armie, or those yt committ any other great offence, and against those that disobeye the commanndement of the capteine generall or conductor, or against them that committ anye robberie or sell their armour or weapon, or convert the same to anye other vse, as to make racke plowes or such like instrmnts [sic] more meete to till the earth then to occupie in warrs. Seinge therfore themperor hat in this sorte ordeined the discipline of warrs, and theruppon for the priviledge of souldiers and gentlemen haue by lawe instituted an order it cannot be denied, but yt the imperiall lawe is to be obsrued, because from themperors is derived the originall of armes: And from the lawe are come the inventors and aucthors wch are of suche reputacion, as thempre is subiecte to the lawe, and not the lawe to the Empire. And for this reason the gentlemen professinge armes, are subiecte to the lawe imperiall and to the Empire, and ought of all other princes of the worlde to be therby iudged, and hereunto is no contrarie, because both proceede from the imperiall fountaine, and cheiflie God. I am therfore determined to founde our discouse of the decysinge of doubte in thexercise of armes vppon the constitucion in armes, and vppon reason
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Page:MS V.b.104 020r.png
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