Page:MS V.b.104 051r.png

Of Certeine cases Wherin it is lawfull
to appointe a Champion

Ca. 3.

All Combatte attempted for wager of battle ought
to be perfourmed by the Principall parties, reser:
vinge certeine cases, wherin it is permitted to give a Cham:
pion. The firste is when the Challinger or defender, is not
come to the age of eightene yeares, and accordinge to the
lawe of Lombardie they ought not to be of lesse age
then fiue and thirtie. The seconde when anye of them hap:
pen to be greatlie aged or diseased. The thirde when the
seruennte pretendeth libertie against his Mr, in sayenge yt he
is free & offreth to fighte thereuppon, in that case the Mr
maye geve him an equall Champion. The fowrth when
either the Challinger or defender is a person ecclesiasticall
or a widowe, or when an earle is pvoked by one of lesse calling
The fifte when a woman is accused of adulterie, & desireth
to defende her honnor by armes, that wrongfullie she is ac:
cused, in that case it is lawfull for her to appointe her husband
or other freinde for Champion. And accordinge to the constitu:
cion every man possessed of anye impedymente corporall
maye fight by Champion. Also all men of honnor or estate
beinge provoked by a villaine, maye (as before I saide) by
the constitucion appointe a Champion, wherto agreeth the
lawe of Lombardie, wch declareth that a seruannte
accused of thefte, maye appointe his Mr for champion
wherfore the custome of the Cittie or Contrie must be ob:
serued, where thease cases doe happen to chaunce, and
according to the discretion of the Iudge to give or not give
a Champion. By the auntient decretalls it is forbidden
the Clarke ecclesiasticall sholde fighte by personall cham:
pion, though auntient custome did permitt the same, but
nowe disannulled by Decretalls.