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Iff two lordes of sondrie Citties doe fall in controversie
eyther of them making warre vppon the other wth
their Subiects and at length to aduoyde the effusion of
Christian bloude, and other inconveniencs that commonly en:
sue by warrs, I happeneth, that ffortune offreth occasion &
meane that by the triall of fiue gent in Combat on either ptie,
the matter may be determined. And so they wch happen to over
come shalbe governed by them that remaine victorious. As
Tito Liuio ab Vrbe condita writeth of thre Romaines wch
fought wth thre Albanes, and the Albanes vanquished, their
whole nation was ye contente to yelde the victorie to the Romaines
So yf a lorde dooth chose five of his vassalls, and an other lorde
as manie of his, who beinge chosen to fight for the quarrell of
their lordes, alleadging they are not bounde to doe it. The
question is, whether fiue other hired soldiers maye perfourme
this battle, and whether thaffordaid vassalls may lawfullie re:
fuze to fight for their lordes. In wch doubte it may be alleadged
that they are bounde, as by aucthoritie of auntient writerts it
appeareth. ffirst we reade in the booke of kings ca. 14. that
kinge Saule assembled in his defence all the strongest, and most
forcible men of all his kingdome. In the 24 it is recited, that
kinge Saule tooke wth him thre
san thowsande of his chosen
men of warre & went wth them to meete his ennemies, In
the 23 kinge Saule commaundeth his Souldiers to go vnto
battle. Also kinge Dauid gathered together his people
to fight for him. The like is written in th boke of Macabees
The Civile lawe saith that a Subiect bound to ayd his lorde
in the revenge of iniurie offred vnto him. In cases of necessi:
tie the subiect is not be excused, and speciallie for cawses of
the common weale & Contrie, wherin (as Cato saith) all
men ought to fighte. whensoever a man holdeth of his lorde
to fight wth him, in that case he maye not refuze to doe it.
But yf the vassall holdeth not of his lorde by any suche
tenure he is not bounde to fight in person not beinge his
hired seruaunt. Therfore we see a vassall simplie is
not bounde to put his person in perill for his lorde vnles
he dooth speciallie hires hym, and so enforce him to doe it as a