Page:MS V.b.104 083v.png

Iff an Earle beinge free and not acknowledging
any Superior by Priuiledge antiquitie or auntient
custome, and holdeth place of a Prince at his will go:
verninge royallie, doe happen to challenge by wager of battle
any duke marquise or Prince subiect to somme kinge, whe:
ther they by reason of any titles beinge called dukes marqui:
ses or Princes may refuse the Challenge or not? ffor reso:
lucion of this doubte yowe shall vnderstande, that (as the Ci:
vile lawe saith) those yt in this age are entitled duke, were
auntientlie called Tribuni who weare leaders of themper:
iall armie and weare teachers & instructers in the warrs
as Valerio writeth. Their offices were to leade & traine
the souldiers, and be at this daye called cheif capteines cheif
cunstables or generalls havinge aucthoritie to take truce
or interim. Yet may they not confederate wth enie Prince
or conclude peace wthout licence of their owne soueraign
Liuio ab Vrbe condita ca. 9. writeth that a confede:
racie made by a Councell wthout licence of a Senate
was revoked. Thease dukes were nexte in place to kings
because they were Princes of the warrs, and were auc:
thorized wth a sworde of golde in their hands to governe
the armies, as Salustiuo in Iugurthino writeth, who
speaketh of Metello and Mario, who were in that office
wth full authoritie to commaunde the Centurioni, and as
Quintiliano writeth they had somme aucthoritie imperiall
It was lawfull for them to fight wth all duke marqui:
ses or Princes beinge Subiects, and havinge governmt
in the warrs. And such dukes as had commission but
not in the armie imperiall, & that were not free might
not fight wth an Earle who in his contrie helde the place
of a Prince or a kinge havinge royall aucthoritie, acknow:
ledginge only God for his superiour, & having the sword
& supreme powre no whit differinge in aucthoritie from
a kinge. And such Earles as are subiectes to a kinge or
the Empire, are called Earles that ought continuallie to
be in feilde for their kinge in seruice wch was the place
where Princes did celebrate their councells, either els
are they called Counts of the Princes cowrte wch is called