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ffathers as wthdrewe their sonns from the warrs of the common
weale. Also the ffather shalbe punished, when by ffravde he
disableth his sonne to appeare in warrs. The lawes doe accept
the sonne as ffather of the ffamelie duringe his beinge in armes
and not to be anie thinge subiecte to his ffather, neither can
the ffather forbid him private combatt because his owne honnor
is deerer vnto him then thaucthoritie of his ffather. This
is the Iudgemente of themperor where he writeth the arte
of the warrs.
If anie iniuried doe repulce the iniurie
whether they maye come to combatt.
Ca. 17.
One gent calleth an other Traitor, who
replieth sayenge, I am none, but thowe arte, and
therfore thence I saye thow doest lie falslye. The question
is whether in this case they maye come to combatt or not?
wherin the opinion of diuers men is they ought, fforasmuche
as the offence wheruppon the quarrell groweth is perilous
in the common welth and needefull to be knowen, and cheiflie
in assemblies and Princes Courts. ffrom whence, (and the
companie of gent they ought to be chaced and driven out) &
all honnor & aucthoritie vsed by men of suche condicion ought
to be geven to others as though they were dead. Therfore such
offences obiected to a gent sholde be purged either by battle and
death or els by causinge the accuser to vnsaye & denie his
owne wordes, and so shewe his innocencye by force of armes
avoydinge all slaunder & reproche, and for proof that the
traitor is a man of all other most wicked and pernicious there
remaineth manie examples, but emonge the rest that of
our redeemer, who not concealinge the treason of his dere disciple
Iudas Iscariot stewarde of his howse, saide vnto him in the
pnce of all the disciples O Iudas what thow haste to doe doe it