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greater honnor, did alleage in yt respect he was not bounde to
his promise, forasmuch as the promise beinge made in his
lesse fortune, could not binde him, havinge attained to greate
dignitie. hereto by the victorious knight was answered, yt
the dignitie of the Prisonner was not required, for he
made claime to his person as a simple gent, who beinge aspi:
red to greater is estate is the more bounde to oberue his faith
This case beinge laide before the Iudge, it was demaunded
whether the Prisonner ought obey or denie to retorne to his
taker. The Ciuile lawe conteyneth one question like vnto
this, that yf a vassall beinge bounde personallie to serue
his Prince, be aduaunced to a dignitie equall wth his
Prince or at the least to such honnor as in respect therof
it were vnfit for him to doe that seruice wherto he stoode
bounde, then the lawe saith he is dischardged of the seruice,
so that his dignitie were not before his vassalage. The
doctors doe affirme that the dignitie wch happeneth
to men dooth excuse & deliuer them from vile seruises
& all seruitude because no dignitie ought to be disestemed
Likewise yf a common serunte becommeth an officer, or a
notarie be made a knight, he cannot wthout reproche of
Chevalrie be constreyned to write instruments of lawe.
fforasmuch as the lawes doe geve manie privyledges to
dignitie & the preseruation therof Andrea de Iserina
saith, where a Baron doth holde his Baronnye of
a kinge, yf that Baron doe aspire to a kingdeom, he dooth
therby becom free, & is no longer bounde personallie to serue
as a Baron, but shalbe admitted to have his substitute
because he is not bounde to seruices vnfitt for a regall maiestie
& is therfore to channge his seruice into somme other semelye
for a kinge, as to paye somme sommes of money or ayde him
in the warre. ffor it were vnsemely for an absolute kinge
to serue an other kinge personallie. Also Baldo saithe
that dignitie falling vppon any subiecte doth geve him li:
bertie as yf an advocate be bounde to serue at the lawe, yf
he aspire to a busshopricke he is dischardged of his seruice
because that dignitie is more worthie. In lyke manner yf
a bonde man be made a soldier or have any other dignitie
geven him by the Prince he shalbe free, because every