Are not obserued, and that an Earle havinge iniuried a gent
by discent of the fowrth degree in gentrie, maye not refuze
to fight wth him in person, for the reason firste alleaged, be:
cause this gent maye saye, I take no regarde of thy dignitie
but of mine honnor, and I doe not defie the as an Earle, but as
a gent. I challenge not thy dignitie wch is for equalls, but
thowe arte more bounde to obserue the lawe of armes, and thine
honnor, then thy dignitie as Earle, wch dignitie is lost by infa:
mie as is beforesaid. And sithe combat is a feate of armes
an Earle cannot escape it, because it is his office to exercyse mar:
tiall feats & defende his owne honnor. Also beinge companion to
the kinge, it is his duetie to accompanie him, cheiflie in the warrs
and by traininge of soldiers, and valiaunt enterprizes to gaine
him self renowne and fame, for otherwise he shalbe accompted
most vile and cowardlie, and the lawe saith that whosoever
estemeth not his fame, is a traitor to him selfe. Angelo di Peru:
gia writeth that a gent that shonneth the combat when neede
requireth dooth incurre great infamie emonge gentlemen of
all degrees. whosoever is forced by feare to promise that he
will not fighte maye breake his promyse. likewise when he
is vppon other occasion constreined to make such promise contra:
rye to his honnor, he maye revoke it, because in necessarie rules
he is bounde to performe the parte of a soldier, otherwise he
committeth offence against the martiall discipline. Therfore
an Earle cannot refuze to fighte wth a gent by nature, because
the lawe of armes dooth so binde him. yet the lawe dothe per:
mitt him to appointe his Champion, so he be a gent, vnlet the
quarrell be towchinge treason towardes the kinge or contrie
or that it be for murder or infidelitie towardes his vassall. In
wch cases he maye not refuze to fighte in person, yf age or his
evell disposition of bodie doe not excuze him.
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