Page:MS V.b.104 056v.png

of Combat Moreover it was enacted by them, that for the deteyninge of the lawe of twentie Ducatts or more the same sholde be tried by Combatt. Also yf anie man saye he hath geven his lande constreyned, and his aduersarie denieth to have vsed anye force or constreinte, the Challinger shall sweare, and the defender shall likewise take his othe. It was also condiscended yt for a Robberie of sixe ducatts or more a man might be called to combatt, Also yf a man were not of full age diseased or crooked, that then either parte might not appoint their Champion It shall also be declared that all Earles widowes and personns ecclesiasticall maye appointe their Champions, wth respecte that the saide Champions were of equall force, and therfore it cannot be denied by the Italions but in thes cases the lawe of Lumbardie sholde be obserued. ~ . ~ . ~ .

For What causes men maye come Lawfullie to combatt. ~ . ~

Ca. 2.

The Lawe of Lombardie saith that in case of treason the combatt is permitted, and lykewise for treason againste our Contrie wch the Civill Lawes do also obserue Also Frederigo the Emperor admitteth the combat for secrett murder done duringe truice taken, or where the wife is cause of her husbandes secret death or that he be made cuckolde, or vppon the death of the ffather for inheritaunce also in case of inceste and infamie offred to a chaste woman contrarie to her honnor, for goodes deteyned where thefte is denied by othe, for lande wtholden duringe the space of lesse time then thirtie yeares, and where witnesses that doe discent in one opinion maye be permitted to fighte not wth martiall weapon but wth staves, when the witnesses of the aucthor be of most importaunce, the other part shall not