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What othe they are to take that
will enter into particular combatt.

Ca. 15.

It maye not be forgotten but rather necessitie
moveth to make expresse mencion of the othe wch suche
as are determined to fighte for life and deathe ought to take
for the lawe of Lombardie made by those Emperors wch
broughte the same into Italie willeth that the provoker
or Challenger ought to sweare, and not he that is pvoked
or challenged, for yf vppon suspicion, a man were of necessi:
tie constrained to sweare, he coulde not iustlie do it, vnles
he saye that vppon suspicion he determined to fighte, and in
case he affirmed the truthe by othe & not to fight for suspi:
cion, he ought to sweare to the truthe as in the constitucion
of Frederick the Emperor, yt is ordered that all parties
to avoyde the slannder of iustice shoulde sweare, That
is to saye defende eache quarrell wthout enye crafte
or reproche, and firmlie belive that for truthe wch leade
them to fighte, and that all principallie defende righteous
quarrells. Also the champions shall sweare to fighte
wth all their force, as shall hereafter be saide in the booke
where we intreat of Champions. And albeit somme have
saide that he yt is overcome havinge taken othe shall suffer
suche punishment as he yt committeth treason, yet can the same
neither by iustice nor reason be, because all scriptures doe
affirme ye iudgement of battle not to be ever true, but ra:
ther false, also ye iudgement of the emperor is that though a
soldier yeldeth yet shall he not be as a traitor, or yf ye
combat be for an other treason and vanquished shall like:
wise be a traitor, and in other cases not, vnles it be so
agreed and indented before ye combat begon, As they
wch fought in Padoa who made suche agremente.