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Boetio the nobilitie for virtue, is to be preferred to nobilitie by dignitie
because nobilitie is a speciall token of honnor, wch becommeth kings
and such as seeke to aspire to great aucthoritie. Ecclesiastico saithe
happie is that lande that hath a kinge wch is noble, that is a kinge
borne of royall race. I saye there is no office dignitie honnor
or other exellencie that dooth excell nobilitie ioyned wth virtue
There is nothinge aboue nobilitie, because the Emperor is
not more then noble, and most noble neither is a kinge [other?]
then noble. The Pope was wonte to write to kings by
the name of noble men. The lawe Ciuile saith, that
noble men are chosen for officers. Thease temporall no:
bilities are instituted by God as Bartholo writeth allea:
ginge the booke of kings, this nobilitie is the waye to all
dignitie. Somme saye that Earles and Barons are noble
because they gouerne vassalls booth noble and vnnoble This
reason holdeth not because the Earles have this nobilitie
from the Prince, and the gent hath his by nature & his
owne virtue. Such as are of this opinion doe alleadge
the booke of Phendi wch saith a man that is not a knight
maye not fight wth an other knighte, neyther maye anie rusticall
man fight wth a gent, and so enduringe, an Earle gouerninge anye
contrie, makinge gent, and giuinge them fee of nobilitie by auctho:
ritie Royall giuen him from the kinge, beinge as it were his com:
panion, ought not as it semeth, in preiudice of the state & common
weale, aduenture his person to dishonnor or deathe, seinge his per:
son is a bodie publique & minister of his common weale, as in speaking
of Emperors we have before declared & will declare hereafter,
such dignitie offended hindereth the whole common weale & priuat
causes maye not be respected, in the preiudice of the common weale
It shall therfore be permitted, that the Earle maye appointe somme
priuate gent for his Champion as his equall that maketh the
Challenge. ffor men set in aucthoritie have manie priviledges, as
speciallie such as have aucthoritie to iudge in Criminall causes, before
whome other priuat persons shall appeare personallie. Noble
men in such aucthoritie are not offred any torture vnles it be in
moste hainous offences, & combatt as before I saide is for triall
of truth & virtue. Also men of great dignitie cannot be im:
prisouned no iudged but by their Peeres & equalls, and we have
alredie saide that accordinge to the lawe Ciuile, and the lawe
of Lombardie Earles maye fighte by Champion vnles in
cases of infidelitie, committed against their vassalls. But I
thinke at this daye by Iudgement of armes, that lawes