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Two kinges beinge ennemies and contendinge for
a kingdome doe either of them make warre vppon the
other, and the one gouerninge in one parte and the other in the reste
at length moued wth pittie for savinge the multitude one of them
sendeth defiaunce and wager of battle, that who so can in personall
battle vanquish the other he shall continue lawfull kinge of all
The question is whether they maye in this case doe so or not? And
it semeth for sondrie reasons yt may be. The decretall saith that
battles be permitted for the obteyninge of peace and quetnes
Princes as erst we saide did winne their kingdomes by armes
and great dignitie are not to be devided in parts Also Realmes
be not devideable by reason of the multitude wch ought to be go:
verned by one and not by manie. The Philosopher writeth
that one only Prince sholde governe, because the diuersities of
Princes is evell, one ruler alone suffizeth as we see amonge the
Bees likewise the Cranes & other beasts wch are by one led
and guided. Therfore it is expedient a Prince shold be ap:
pointed, and the right of gouernment and lordship consisteth
in armes, whensoever there wanteth a superior that can remove
the cause of warre. ffor yf anye such be, yt shall be lawfull
for him by force of armes to doe Iustice to all others. Such
as by armes shalbe victorious ought to possesse the kingdome
the libell and the sworde. The Emperor saide that armes
ruled before the lawes, and that before the buildinge of Rome
the people had a kinge but no lawe, also kingdomes were not
subiect to lawes but to the sworde. The powre of lawe &
armes be equall & kingdomes ought to be gained by armes
and by force of them all dominions have bene conquered
and fewe by sentence or Iudgemt. God & fortune doe shewe
their powres in gouernment Augustino saith that kingdomes
were ordeyned by the providence of God. The lawe affir:
meth that the lawe iudiciall and warrs exequuted by
armes are all alike. wherfore it is necessarie, that whatso:
ever cannot be determined by lawe sholde be ended by battle
This is declared by aucthoritie of auntient writers. ffirst
by kinge Dauid who fought wth Golias, and kinge Saule,
And by the Romaines wch vsed particular battle in triall who
ought to governe the Empire as is before recited. Likewise