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The Sixte
Booke

Wherin is discoursed for What causes
men maie come to Wage of battle

Ca. 1.

In the time of Othone that exellente
Empreror and Lorde of Italie, the noble barrons
made a certeine Inquisition by a wicked lawe that
who so coulde shewe a writinge of Possession of his aduer:
sarie who had affirmed the saide writinge were forged or
falce. Then yf he that had shewed the saide writinge had
sworne the same was true, he sholde have gained the possessi:
on, and for this reason were diuers falce writings and instrumts
made. hereuppon the said Emperor Otho and his sonne Corra:
do of Burgondie kinge of Italie had greate conference
wth the Barons and Lordes of Italie wch was kepte at
Verona. In wch conference the saide lawe was disannulled
and one other newe made, wch ordained that who so founde fault
wth any writinge affirminge it to be falce ought to come to com:
bat and fighte, and in case the combat were denied, that then
he sholde avowe it by othe. It was also decreed that for eccle:
siasticall goodes it sholde be lawfull to fighte, for wch
respect this lawe was since corrected, besides this it was
agreed, that wheras was anye doubte of a mans right that was
invested in a Possession, that then the same not beinge tria:
ble by other pffe or witnesse sholde be tried by Combatt. And
therfore yf the Contrarie parte coulde pve his righte as true
ownor of the possession by witness, then it sholde not be a case