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If two ennemies doe take a truice, & the one
of them doe weare an Emprease, whether
the other towching it maie be refuzed to fighte

Ca. 31.

This Question conteyneth two doubts the
first is whether he that weareth the Emprease maye fight, &
in respecte of the time of the truise is not expired denie the com:
bat. The second is whether the towcher of the Emprease maye
constraine his ennemie to fight after the time of truise be ex:
pired, for seinge he that bare the Emprease bounde him self
to fight wth anye man exceptinge none, it semeth he maye
not denie this towcher, notwthstandinge the truise before
taken. It hathe bene alredie saide, that vppon anye newe iniu:
rie men maye iustlie fighte, notwthstandinge peace before
taken, but in this case the bearer of the Emprease cannot
come to combat wth his h olde ennemye, yf he (notwthstanding
the touche of the Emprease refuze to fight. And towching
the doubt whether the time of truse expired, they maye come
to combat, we answere resolutelye, that the bearer of the
Emprease coulde not duringe the truise challenge his olde
ennemie contrarye to promise made wth him, nor ye ennemie
by towchinge it take quarrell wheruppon to fighte. And
therfore seinge at that time the Emprease ought not be tow:
ched, the bearer therof is not bounde to fight wth him, because
duringe the truise he ought not to have worne anye Emprease
ffor wch reason, vnles after the time of truise expired the
Emprease be towched a newe, no combat ougt to be. But
yf that time be paste, & then the ennemie doth towche the
Emprease he shall therby binde him selfe to fight. And
this is the true sentence accordinge to Iustice vpon that
case determined, wch apperteineth rather to doctors in
lawe then soldiers.