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Iff a man Weareth an Emprease, & one other
man dooth touche it, wch of them ought be challinger

Ca. 22.

Wee have saide heretofore that whatsoeuer gentleman wea:
reth an Emprease of combat, is bounde to fight wth him that sholde
towche it, wch semeth reasonable. ffor yt the wearinge of it dothe
stire vp the mindes of other men pfessinge armes to fighte, ffor yf it so
be that vppon such occasion none sholde fighte, then he that weareth
the devise might boaste that no man durst for feare towche it, wch
proveth that he ought be the Challinger, sithe the wearinge of
the Emprease doth in it selfe pvoke call & Challenge all other
gent to combat. Yet to the contrarie maye be alleaged, that he
who did towche the Emprease ought be challenger, by reason he so
doth contrarye to the prohibition of the bearer therof, ffor
in layenge hande vppon it wthout leave, he semeth to assaulte
him that weareth it, & it is no small matter to touche the per:
son of a Soldier, wch the lawe taketh for iniurie & disdaine, &
in towchinge him doth offer combat to the wearer, who courteouslie
wthout offence to any doth carrie it. Also it may be thought
that in towchinge the devise, the towcher semeth to challenge, as
when a man in token of defiannce towcheth the nose of his aduersarie
as an iniurie. Moreouer he that weareth the Emprease is like
vnto him that hath fortefied a castle, or as a man that furnisheth
a ship wth great ordinannce, doth shewe therby, that whosoever
doth approch the castle wall or hurt the ship, must looke to be
visited wth shott, & so he yt doth approch the castle or ship, wch
shewth howe it is defended semeth to begin the warre. The
dogge beinge of diuers other doggs assailed doth shewe his teeth
in token of terror, the oxe likewise beinge set vppon by the beare
lion or other beaste his ennemie doth lie close to the ground &
shewe forth the sharpnes of his hornes. The like defence
we see is vsed by haukes estriges & other ffowles shewinge their
beakes & talents, as in the booke de natura animaliu we
maye reade, & for thease reasons I conclude that albeit the
owner of the Emprease doth stire vp the mindes of men to fight
yet he that doth the acte of towchinge is the Challinger, because
yf he towche it not the wearer of the Emprease will not doe
anye thinge againste him. And the Ciuile lawe saith that