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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