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Page:MS V.b.104 063r.png
Lumbardie it is lawfull for a woman to fighte by Champion, but
not in person, because to vanquish a woman in fight it were no hon:
nor, and to become by her vanquished much worse. ffor a feminine
nature cannot become manlie, and therfore sholde be dishonnored
emonge all gentlemen. The Civill lawe saith that a woman may
not appeare personallile in iudgement but by Atturney, nor can
succede in any Phe*do geven for personall seruice in armes, because
in person she cannot serue her lorde, wantinge the nobilitie of a
manlike minde, though we reade of certeine valiaunt weomen
as the [?] of Amazons who fought wth Pirhus. Also
the [?] of Austria who accompaned wth her armie came
to here the wisedome of Solomon. Also Mithridates wife
who as Valerius maximus writeth [?] the warrs. Ther:
fore Andrea d’ Iserina put this distinction, that vnles a woman
can personallie serue her Prince, and kepe the Phe*do as suffyci:
ent as did Penthasilea who rescued the olde kinge Priamus at
the seige of Troye, she sholde not fighte. The lawe of Lom:
bardie affirmeth that a woman accused of adulterie maye iuste:
fie her honnor in battle by her husbande or other ffreinde yf
she be not exercysed and accustomed to warrs her selfe, as thease
noble weomen were.
Whether the sonne acceptinge battle
maie by his father be forbidden.
Ca. 16.
Further it is to be consydered that yf the sonne
of a gent havinge waged battle wth an other and after de:
fiaunce geven, the Iudge appointed and the weapon chosen
and readie to enter into the ffeilde, his father commeth and forbyd:
deth te ffeilde, sayenge his sonne cannot come to battle wthout his
leave, nor enter into iudgement of armes wthout his assent by re:
son of his ffatherlie aucthoritie. The question is whether
suche prohibition maye staye the combat or not? wherin is re:
solued that it ought not, because the warrs were in vse before
the aucthoritie of the ffather, and combatts were knowen longe
time before the Civill lawes wch founde out firste the aucthoritie
of ffathers. There were certeine penalties assigned to such