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In What case for iniurie a man maie
come to defiaunce.

Ca. 22.

What shall we saye of him that saith to an other
thowe art of a Ruffianlie behaviour, a traitor worthie to be
hanged, he that is iniuried dooth answere thow liest, or happelie
for more modestie saith thowe speakest an vntrueth. The
question is whether in this case they ought to come to combatt
or not, wherin it is determined they ought not, because he to whom
the iniurie was offred hath satisfied his honnor by givinge the
lie to the iniurer. This is the opinion of dino de Mongello
and also of Bartholo Prince of the lawe Ciuile, who aff:
irme that to lie is a greater iniurie then to conceale the truth
vnles the iniured doe saye thow liest, in wch sayenge yf in deede
he did lie, then is he no iniured, wch is no small satisfaction
for he yt is belied is compared to a theif according to the
Iustinian lawe. ffor yf a man be iniured, and saith to him that
offreth the iniurie thow saiest vntrulie, or thow tellest an
vntrouth, it shall suffize to save his reputacion in the he:
ringe of men of wisedome & aucthoritie, but yf a man beinge
firste iniured and called traitor, dooth answere, thow art A
traitor, a theif, a ruffian, a murderor wth diuers other words
of reproche to him that firste offred the iniurie, who for this
respecte desireth the Combatt, wch may not accordinge to the
opinion of diuers men be denied, for because, havinge once replied
& called the iniurer traitor, he was not so contented but en:
creased the iniuries, callinge him also theif ruffian wth
diuers other names before rehearsed. Notwthstanding all
wch in mine opinion they ought to not come to combatt because
all the faulte ought to be laide vppon the firste iniurer
whose firste disorder in offringe iniurie that kindled thease
answers of greif & coller, and the aucthoritie of the Specu:
lare that he that is provoked shall ever remaine excuzed.