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commannde that the murder be punished, then cannot he that is accu:
sed, alleage more that he will proue the murder in his owne defence
vnles the accuser be openlie knowne. The reason is this that
he maye not fight wth the Prince, for the inequalitie of the
condicion, nor yet wth the Iudge aucthorized by virtue of his
office, and the proof of combat shalbe vppon incerteine accusa:
tion, and when he that is accused by force of armes confesseth
the faulte, he ought to be more lightlie punished, then when
by witnes it is proved, for losse of battle maketh the looser condem:
ned. And though the presumptions are sometimes incerteine
yet yf he that is accuzed remaine victorious in battell, he
ought by iudgement to be absolued from chastizement of the
paine, and must be awarded the honnor of victories wth
great favour, because he is presumed to be ignorannt of
th offence. And though (the triall had) wch is the
combat) [sic] be reproued by the devine prohibition, as a
thing vngodlie, yet all souldiers affirme that in combatt
God doth ever for a devine miracle give victorie to him
that fighteth for the truth and iustice. ffor we se never:
theles combatts be vncerteine trialls, that manie times
men thorough their prowes and disposition of bodie in
fightinge against iustice do remaine victorious wch hap:
neth thorought the inequalitite of courage of them
that doe fight. This was the reason of Fredericke
th emperor speakinge of combatts wch are for proof
of truthe and triall of the contrarie.

When two enter into the feilde to fighte
for Life & death; the one of thm runne
awaie & is taken. Whether his ennemie
maie hurt him in the hande of the officer.

Ca. 4.