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Page:MS V.b.104 068r.png
Whether A man iniured in his
trouth may come to th combatt.
Ca. 23.
Off wyse & vpright Iudges voyde of partiality
for Respecte of mercie wroth or envie I wolde be re:
solued in this case. A gent calleth an other bastard
misbegotten, borne contrarye to the commaundemt of God, A
thef a Criple, a blinde beaste wthout father or certeine mother
all wch iniuries notwthstandinge they be manie, & of much im:
portaunce, yet beinge true, whether by order of armes, they
ought to come to combat or not. It hath bene alredie deter:
mined by martiall decrees, that combatts ought to be perfor:
med for triall of truth, conservation of fame, & discipline
of armes, & not for vaine glorie. Therfore the quarrell
is here to be considered in every condicion. ffirste whether
the iniurer hath spoken such iniuries, and whether he so did
wth intent to offende, or els for thincrease of his owne honnor
yf villanouslye and wth intente to doe iniurie thease wordes
be spoken, then the lawe civile permitteth the combatt, &
the reason is this, that albeit the iniuries offred be true, yet
beinge offred wthout cause, it is not the parte of a courteous
gent so to doe, but rather ought to cloke the deffects of others
beinge no [?] to him selfe And notwthstanding by lawe
such battle be permitted, yet ought not he that is iniured to
enter into combatt, because the wordes beinge true he sholde
defende a great vntruth. But yf needlie he will curra:
giouslie so doe, then shall he chose the feilde the Iudge &
other particularities as is before rehearsed, & appearing in
this sorte before ye Iudge, the saide Iudge ought to behave him self
discreetlie, and not admitt the combatt, but let the iniurer to
vnderstande, that he hath committed a parte of great reproch
in offending an other wthout cause. Yet seinge the iniuries
were true, the man iniured sholde fight against ye trueth
But the iniurer dooth replie sayenge I did not saye this to
offende thee, but to make thy defecte knowne to ye world, &
that thowe may not be admitted to office or dignitie to the