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that had aucthoritie otherwise to see him punished. ffor wch cause
afterwardes were constituted kinges officers & magistrats, and
prouision made that iustice was exequuted by them, and that
whosoever did take vppon him the punishement of wronge by him
selfe was punished, because in so doinge he vsurped the devine
iustice, wch is the office of God geven to Princes appointed
by him herevppon were made the written lawes, before wch
iustice was donne by the Royall hande, by wch the powre of
kinges do commaunde exequution. And then God comman:
ded that offendors sholde be punished, and also that battle &
warre sholde be made vppon such as disturbed the peace in
kingedomes and provinces. God also commaunded that men
sholde arme them selues against Rebells and evell doers
In thease lawfull warrs when there was no superior that
coulde chastize offenders and personns disobedient the
custome of particular battle and combat was invented. wherin
it was ordered that for proofe of offence, when the
faulte was not apparaunte, they sholde fighte man to
man. And thus for terror to them that wolde offende and
doe wronge to others, yt was permitted that such as they
offred iniurie vnto, might assaile them by combatt. ffor
the lawe of defence is permitted, to brutish beasts by in:
stincte of nature, who finding them selves provoked by
others of their kinde wth their armes wch nature hath
geven them wherwth they finde somme waies to defende
them selves as their teeth hornes feels and such like,
And this defence is also naturall to men provoked by
iniurie, when aucthoritie or licence of the Emperior &
Prince who hath powre to graunte battle for iuste
cause doe so permitt, wheras is no witness sufficient
that might by ordinarie Iustice put order in the cause.