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And it is a reason in lawe that armes were invented before the
lawes, wch after fave order and discipline in the vse of the
same, wch maye not iniustlie be called religion. ffor the sondrie
iuste precepts as for the privilidges in arms, for the conser:
vations of the reputacion of soldiers and gentlemen, for the
rules and ordinannces, wheby gentlemen professinge
armes, might wth discretion governe. And in respecte
of armes, the Empire was called moste happie, because
thorough the exercyse of armes the emperiall lawes are
preserued inviolable, the Emperor by the lawes and by armes
in the Empire, have ever bene kepte mainteined and defended
By the emperors was firste constituted the arte of the
warrs, wch order and discipline, is obsrued, gevinge great
priviledge to all gentlemen professinge the warrs, as the
civill lawe in manie place macketh mencion. And amonge the
reste Constantino the emperor did moste of all furnish
the lawe of armes wth good constitucions and priviledges
against suche soldiers as obsrue not the discipline, or that
vnorderlie doe fighte to the disaduanntage of the armie, or
those yt committ any other great offence, and against those
that disobeye the commanndement of the capteine generall
or conductor, or against them that committ anye robberie
or sell their armour or weapon, or convert the same to anye
other vse, as to make racke plowes or such like instrmnts [sic]
more meete to till the earth then to occupie in warrs.
Seinge therfore themperor hat in this sorte ordeined the
discipline of warrs, and theruppon for the priviledge of
souldiers and gentlemen haue by lawe instituted an order
it cannot be denied, but yt the imperiall lawe is to be obsr:
ued, because from themperors is derived the originall of
armes: And from the lawe are come the inventors and auc:
thors wch are of suche reputacion, as thempre is subiecte to
the lawe, and not the lawe to the Empire. And for this
reason the gentlemen professinge armes, are subiecte to the
lawe imperiall and to the Empire, and ought of all other
princes of the worlde to be therby iudged, and hereunto
is no contrarie, because both proceede from the imperiall
fountaine, and cheiflie God. I am therfore determined to
founde our discouse of the decysinge of doubte in thexercise
of armes vppon the constitucion in armes, and vppon reason