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In what cases A man iniuried maye
come to combatt.

Ca. 19.

One noble and subtile question remayneth yet
to be iduged by valiaunt & discrete soldiers. Two gent doe
happen to fall into iniurious speach, and the one sodeinlie in coler
saith to the other, thowe art a traitor, wherto he answereth
wth my sworde in hande I will mainteine I am no traitor. The
question is whether in suche case, a traitor maye not be per:
mitted to fight wth him that is loyall or not? ffor resolu:
tion of wch doubte I saye That yf the offence be not
apparaunt the combat may not be refuzed, for beinge
readie wth weapon in hand to defende he is no traitor, he
maye iustefie his honnor. And yf the Iniurer sholde saye
I will by lawfull witnes prove thow art a traitor, the cause
shall be examined and proved true he ought not to come to
combatt. But yf it be not proved, then the iniuried shall
boldlie saye, thowe haste called me traitor & not proved. I
will wth my sworde trie the contrarie. But yf it happe:
neth thorough collor beinge called traitor, he answereth
thow liest in thy throte so ofte as thow so hast called me
by thease wordes the iniurie is repulsed, & is no cause for him
to fighte. wheruppon Mr Andrea d’ Iserina in the booke
of Phendi maketh a difference of thow art a traitor &
thowe were a traitor. ffor it might be his Prince hathe
restored him to his honnor, and the passed offence removed he
maye saye I was restored to mine honnor & mine offence par:
doned, after wch remision the iniurer is bounde to doe no iniurie
by the lawe Emperiall wch saith, that after pardon he is
no traitor, and maye at occasion wage his battle. And yf a
traitor be restored to his former honnor he ought to be admitted & not
repulsed, and yf the one dooth hurte the other wthout defiaunce he
shalbe a traitor, & banished the pnce of his Prince & the companie of
gent. And yf he possesseth fee, his lorde for such default maye
iustlie depriue him, as Mr Andrea d’ Iserina writeth.