Page:MS V.b.104 057v.png

saide by the lawe of Lombardie combat was permitted, the same
is also vsed in Italie, ffor the lawe of Lumbardie was made
by kinge Carlo the sonne of Pipino the first kinge of Fraunce
and after Emperor. It was afterwardes agreed by the Emperor
Othone wch reigned in Italie that in thease cases at the re:
quest of the nobilitie and others combat sholde be graunted
And therfore in consideracion of the aucthoritie of the Em:
peror Lorde in Italie this lawe ordeined by him is there
obserued In wch lawe is determined that in cases not triable
by witnes the Combatt sholde be graunted. In the kinge:
dome of Sicilia the combat is permitted in two only cases
beforesaide, and by kinge Carlo the seconde catholique kinge
by two sentences reproveth all combatts wthout reseruation
and so likewise dooth the decretall. But custome proveth
the contrarie though seldome it is seene that anye combatt
is wth the permission of the kinge, who respectinge consci:
ence wthout great deliberation and manifest presumptions aga:
inste the defendr doe not permitt so greate a crueltie.

Howe combatts had beginninge
of God & howe they are permitted.

Ca. 4.

Nowe it is to be remembred yt this lawe of
Chivalrie wthin cases of iniurie and other offences permitteth
personall combatt, tooke the beginninge from the first age
when Caine killed his brother Abel. Also vniversall bat:
tle was indured by commaundemente of God for the pu:
nishmente of the disobediente to his lawes, so longe as were
no Emperiours or Rulers, and everie one that might wth
force or armes do Iustice, as we reade howe by the com:
maundemente of God Judith wth her maide Ambra
killed the kinge Stolofernes whilest there was no superior