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Page:MS V.b.104 016v.png
Nowe to goe on orderlye accordinge to our pur: pose alredie begon, it is moste necessarie to declare whether combatts man to man be permitted by the christyan religion or not. And herein are to be consydered every tyme from age to age. ffirste howe Dauid the kinge by devine inspiracion fought wth Goliah. After the institucyon of the cyvill lawe for the triall of virtue of the minde, activitie in martiall feates of armes, solace, pompe, and disportes the combatts were permitted. After that tyme, by the lawes of Lombardie in certeine cases, combatts were appointed as hereafter we will make mencion. In the next age by the Civill lawe they were dysannulled vnles the Princes aucthoritie were obteyned. And this custome was longe obsrued, and cheiflie in Fraunce and Germannie. After by the decretalls, suche customes were clerely forbidden, and yet (the same prohibition notwthstandinge) was shortlie after in the accustomes places obsrued: Fredericke the emperour made a constitutcion in this kingdome disannullinge all combatts, excepte in cases of treason and secrett murder. And kinge Charles did also forbyd them by two sondrie iudgementes. In this our age they are onlye kepte by the moderacion of princes, who ought to consyder, yf the cause be good, or otherwyse not to suffer the same to be tried by the sworde, vnles it be greatlie preiudiciall to the honnor of some person, & yf none of thease causes be apparannt in the quarrell Then the cannon lawe expresslye forbyddeth all combatts for the sinne that therof insueth, and the aduoydinge the perill of the sowle. ffor St Augustine and Isodorus saye that combatte be vaine cruelties invented by visious men inserted wth the pvocation [provocation] of the devill, and all such as practize suche vnlawfull exercyses doe manifestlie denie God and worke againste the devine commanndement. And thoughe combatts were allowable, and by custome or profe allowed: yet ought they not to be suffred, neyther ought they in anye wise to be, when they are voyde of reason contrarye to the empire of God, and his devine Iustice wheruppon in suche contries where combatts were in custome they were abrogated by pope Honorius, and