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Whether A captaine Generall beinge
challinged by a gentleman ought to
answere or not.

Ca. 8.

Iff a gent dooth happen to challenge a duke or
other generall Capteine of an Armie Emperiall or royall
the question is whether he be bounde to accept his challenge
or not? Wherto it is answered yt he sholde not, because ye armye
ought not to be wthout the generall. And that generall
wch [space] battle or leaveth his chardge wthout licence of
his Superiour, incurreth the daunger to loose his head. And
this is also to obserued [sic] in an officer wthin a Cittie or common weale
beseged wth ennemies because no place ought to remaine wthout a
director, for aduoydinge of perill to the common weale.
Ioseph de bello Iudaico saith that an Emperor ought not to fight
in person, for aduoyding the vniuersall daunger. Onessandro
telleth that an Emperor ought to fight more wth valiaunt
incouragement and councell then wth his person. he shall also
refraine from fighte particular, as before speakinge of combat
betwene Emperors it hathe bene recited. If therfore a generall
be challenged, who hath his office for ever, yt shalbe lawfull for
him to appointe his Champion. But yf he be an officer for
a time, then the combat shalbe deferred, till his office be deter:
mined, because the lawe willeth him first to perfourme the
necessitie of his office, and after to attende his owne doinges
otherwise he shall obteine licence to doe it. ffor the lawe
saithe, that who so before the ende of his office dooth leave it
he incurreth great punishmente. whensoever a Capteine
is not distressed or beseiged, nor that his person is the perill
of the vniuersall nomber, then is it reason, he doe fighte to
saue his honnor, and perfourme that parte of a soldier.
But when the Prince is absente, in other enterprises,
sicke, or taken prisoner, then are all officers excused of
combatt, nor maye appeare wthout speciall leave from the
Prince, till the necessitie be paste. And this is great
reason, because a Cittie beinge beseiged, it may be thennemie