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

Revision as of 22:36, 11 January 2021

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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.