Ca. 7.
We maye not omitt to wrte that emonge
the controversies of Battell there happeneth manye
doubtfull cases and cheiflie in single Combatts where
no order or constitution of armes is obsrued. And therfore
in such cases muste be iudged by the Emperiall or ciuill
lawes, yet often it hapneth that souldiers doe refuze the
determinacion of the ciuill lawes, havinge a proverbe that
saith That lawe and Iustice consisteth in armes onlye
And that the sworde is geven in steede of libell, and to suche
as vse armes that is grannted wch is not awarded by iustice
Valerius maximus sayth that amonge the shoutes of the
warrs, the Civill reasons cannot be harde. Yet such as pretend
a libertie in armes, as though they oughte not to obeye the
civill lawes in decysinge their dyfferente and doubtfull cawses
vndoubtedlye doe greatlie erre, for in those lawes is recyted ye
whole discipline of warre. And all gentlemen makinge
profession of armes, are iudged by Emperors, kinges, Princes,
and their livetenants who thorough experience have lerned
the lawe and constitutions wch in armes ought to be obsrued
They gouerne moste commonlie by lawe written, and when
anye doubtfull channce happeneth in armes, they vse the
aduise of their officers or capteines, who resolue therof
accordinge to their knowledge, experience and iudgement.
ffor wch cause it seldome happeneth that they agree
all in one opinion. And wantinge the naturall reason sometimes
by examples, sometimes by their proper iudgemens
wthout the grounde, they erre greatlie. Because they
make not their in foundacion vppon the lawe written, lackinge
knowledge of the stile and constitucions of armes.
And therfore are all men bounde to the Emperiall
law, and the Emperors by devine assente before all other
are honnored, by whome the vse of armes was founde, allowed
brought in prise, and estemed, makinge therin constitucions
and lawes, though (as before I saide) the immortall
God, before thempire of Rome begon, wth greate care contynuallie
exercysed the warrs. And because the Romains
did by armes firste possesse the Empire followinge their
stepps, all kings have likewise conquered & kept their kingedomes.
