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Whether a gentleman before repulsed touch:
inge an Emprease maye be denied.

Ca. 24.

A certeine gent bearinge a device did therby
signifie he wolde fight wth anye man professinge armes
that sholde touch the same. It hapened that one other gent did
touche the saide Emprease, who for somme misdeede deserued to be
repulsed. The question is whether this reprobate knighte might
be denied to fight seinge there had bene no exception or capitu:
lacions of infamie or reproche. It was therto answered he might
not because the Challenge beinge generall at the first wthout
reseruation or distinction no repulse or deniall can be made.
But the Ciuile lawe affirmeth the Contrarie, that the ge:
nerall Challenge includeth only all persons allowable & none
others. As for example yf a kinge or Emperor doe make
an ordinance generall, that all Citizens maye be capable of
the offices wthin his dominions. yet shall that ordinannce be
construed accordinge to thentent of the kinge. wch was that all
Citizens chosen to those offices shalbe men worthie learned & fitt
for thexercise therof, & not those yt be men ignorannt & vnfitt.
In like manner maye the bearer of the Emprease make construc:
tion of his owne meaninge, sayenge his entent was to fight wth
all gent that were persons free from reproche, who by lawe of
armes may not be repulsed, and this is the right sentence of
the question, because infamous men, cannot in any constructi:
on of honnor be included seinge the intent of the lawe doth exclude
such sorts of men from all virtuous exercyses. ffor it cannot be
thought that anie honnorable gent professinge armes will
fight wth him that deseruedlie ought be repulsed. And
therfore it is mente by the honnor of the Emprease, that any
gent towching the same maye fight wth him beinge a man
of honnor & without reproche.