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Armes. Also a villaine cannot challenge a gent or man at
armes, yet a man at armes maye fighte wth a gentleman
whome the Prince hath geven that honnor. likewise a good
soldier, virtuous & longe practized in armes maye not be re:
fuzed to fight wth a gent borne, in quarrell of his honnor, or
yf the gent dooth Challenge him he cannot after refuze to per:
fourme his Challendge. Also a gent of birthe or other so ad:
mitted for his seruis in armes & virtue, beinge towched in
honnor or fame maye saye to anye great lorde. I will prove
wth my sworde thow hast done me wronge, and vniustlie char:
ged me, wch wordes shall binde the lorde not to refuze to
fighte wth him in person, or at the leaste to appointe an
equall champion to fight wth him vppon this quarrell
Otherwise he shall remaine dishonnored, and before him Em:
peror Prince or kinge condemned for vile & cowardlie, be:
cause a man beinge once a gent, may thorough the exellencye
of his nobilitie and virtue in armes attaine to any dignitie
Emperiall Royall or Princelie. ffor every Prince or
duke besides his dignitie is but a gent, either by nature
or martiall virtue. And everie gent maye hope to attaine
to any dignitie yf god and good fortune doe so favour him
And because everie person shall not take vppon him to be
equall, maye not fighte wth a gent, for not ablinge him self
to be of equall estate wth him
Baldo saithe that a man of
base condicion may not fighte wth a gent, for not abling him
self to be of equall estate wth him, therfore all infamous
persouns are disallowed to fight in person wth a gent. Evell
lyffe maye not aduaunce a man to that he is vnworthie of
nor make him equall to a gent. Salustio saith that who
so contendeth wth a vile and miserable man shall become
like vnto him. The lawe of Lumbardio willeth that
men noted for their infamie vice & evell liffe shall not
be harde in Ciuile Iudgement. They are also refuzed
in iudgement of armes for their vile liuinge. ffor advo:
catts doe fighte wth learninge and wordes, and Soldiers wth
ther armour and sworde. And so the Contencion Civile
and armes doe resemble. Men infamous & vile, be not re:
ceaved as witnesses, neither are they sufficient to accuse
any other, nor otherwise worthie anye creditt. Therfore
not in enie wise enterteygned in armes nor suffred in pre:
sence of anie Prince, such as by them selves or their auncestors