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It Remaineth yet vndiscoursed yf a man may call a
slaunderer to combatt or not, as he, that calleth an other
his vassall or villaine, or that chardgeth an other to be a
Cowarde, for whose default the honnor of a campe was loste
or that he wrote intelligence to thennemie. In wch cases I
saye yf he that is slaundered cannot purge him selfe by witnes or
other proof, and so trie the accuser a lier, and likewise ye slaunde:
rer, cannot make proof of his slaunder, otherwise then by his
owne wordes, then maye they come to combatt, and he that is provo:
ked shall saye to the iniurer thow hast geven me such a slaunder
I will proue by fighte that I am innocent therof, and my sworde
shalbe my witnes in that case. The iniurer replieth I will
prove it vppon the witnes that whatsoever I saide it is
true, If he can accordinge to those wordes make triall then
the combat shall cease, because the same is allwaies for triall
of truth. But yf no such infamie or slaunder be founde true
before the Iudge then shall the parties proceede by libell &
circumstaunce to thende such slaunder be purged by iudgemente
& so he yt hath slaundered shalbe iudged the slaunderer & lier, &
as guiltie of the shame shall suffer the punishmente, provided
on that behalf. And he that by iudgement is purged of his honnor
maye lawfullie demaunde thexecution of the punishment vppon him
that is condemned. And on the contrarie parte yf the slaunder be pro:
ved vppon him that was slaundered, the slaunderer mayest him receave
punishmente, or yf before iudgement he repenteth, and will save him
from punishmente he maye doe it because the aucthoritie of the per:
son iniuried maye punish or pardon as semeth good. And this is the
resolution of this doubte. I was asked of a certeine noble gentle:
man, whether in this case it were lawfull to publish the offence of
him that is founde the iniurer. And I gave mine opinion he ought
not because the holie lawes denied that anye man sholde be iudge in
his owne cause, wch is also approued by Emperors, because triall
ought to consiste in thre persons, that is to saye the Plaintif
the defender & the Iudge, and gevinge a man aucthoritie to
Iudge in his owne cause, then ought the same be admitted to two
that is the Plaintif & defender, or els the assistaunce and ye
Iudge, and so iustice ever or never executed. ffor whensoever
anye man were towched he wolde desire to be Iudge in his owne
cause, so sholde the auntient possessions be spoyled & wasted &
at length become voyde of lawfull inheritors, So sholde wars
& no Iustice in Citties possesse welth. So sholde tiraunts in
steede of good governors oppresse widoes and fatherles children