haue place of Combatt. Yf the sonne deteineth his fathers righte, battle is allowed, et pro incendio combat is graunted against the malefactor, but not against him that did councell him to it. ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~
In howe manie cases Combatt is Permitted. ~ . ~ . ~ . ~ .
Ca. 3.
Ffirste for Periurie willfullie committed and infidelitie when anye writinge is alleadged and denied for truth, when two doe claime to be invested in lande and not apparaunte whether of them was firste, when anye debte of twentie ducatts or more is denied, when anye violence is offred vppon any possession, or when anie debte is deteined it shalbe lawfull to fighte because it is a kinde of thefte in the debtor towardes his creditor according to the opinion of Innocentio and Baldo. The lawe of Lumbardie saith that this quarrell is also to be tried by fighte, but the Civill lawe, before the Iudge, and not by force of armes. And such like cases are propounded by the lawe of Lombardie but by the Civill lawe a man maye not fight but in case of treason committed againste our contrie. By the custom vsed beyonde the mounteines and in Italie the combat is not graunted, but in cases of great importaunce of iniurie or open reproche committed against him, that findeth him selfe in the Cowrte of his Prince or in the opinion of wise and discreet men, wch wthout his great ignomie & dishonnour cannot be borne, and this is the opinion of Baldo, and custome permitteth that in every dishonnor it is lawfull to fighte because it is admitted by the Iudge uppon such a Respecte. And althoughe in the cases afore
