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Page:MS V.b.104 085r.png
Whether a gentleman by birthe maye
challenge an Earle or Baron.
Ca. 7.
A man beinge borne a gent by nature
and by discente of fowre degrees, findinge him selfe
wronged or iniuried by an Earle or Baron dooth challenge
him to combatt, who dooth not accept the challenge, sayenge I
am an Earle wth title of Earledome, and thowe arte but a
privat gent, I will not therfore contende wth thee nor
make the my equall. In this case it hath bene doubted
whether the Earle might refuze such challenge or not
or whether he might answere him by Champion? Gentlemen
borne, noble by nature affirme they are not to be refuzed
of anye other gent or Earle, and that the respecte of
their dignities is no cause sufficient to aduoide combatt
The herehaults & other officers in armes doe saye yt
a gent by birthe may not be refuzed of anie Earle duke
or other lorde. This opinion is confirmed by all soldiers.
The lawiers affirme that nobilitie by nature & virtue
is more firme then dignitie, because that dignitie is geven
or taken awaye as a garment, but nobilitie endureth for
ever as Mr Baldo writeth. dignitie is accidentall, but
nobilitie is naturall from the auncestors & birthe. Also
Nobilitie groweth not in one moment, but consisteth in the
virtue of manie noble auncestors. It is therfore saide no:
bilitie is more firme then dignitie, wch hath no roote, and no:
bilitie is not easelie geven or remoued, because of it self it is
naturallie constante & perpetuall vnles for great offence
but dignitie is casuall. The wise man saithe, that a fathers
glorie is the honnor of the sonne, and dignitie maketh a
man only noble, but virtue & nobilitie are to be preferred
before dignitie, The booke of Ecclesiastico saith that
wisedome aduaunseth the wise man aboue the Princs
of Citties, and in wisedome is nobilitie knowne according to