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The Sixte Booke. ~ . ~

Wherin is discoursed for What causes men maie come to Wage of battle

Ca. 1.

In the time of Othone that exellente Empreror and Lorde of Italie, the noble barrons made a certeine Inquisition by a wicked lawe that who so coulde shewe a writinge of Possession of his aduersarie who had affirmed the saide writinge were forged or falce. Then yf he that had shewed the saide writinge had sworne the same was true, he sholde have gained the possession, and for this reason were diuers falce writings and instrumts made. hereuppon the said Emperor Otho and his sonne Corrado of Burgondie kinge of Italie had greate conference wth the Barons and Lordes of Italie wch was kepte at Verona. In wch conference the saide lawe was disannulled and one other newe made, wch ordained that who so founde fault wth any writinge affirminge it to be falce ought to come to combat and fighte, and in case the combat were denied, that then he sholde avowe it by othe. It was also decreed that for ecclesiasticall goodes it sholde be lawfull to fighte, for wch respect this lawe was since corrected, besides this it was agreed, that wheras was anye doubte of a mans right that was invested in a Possession, that then the same not beinge triable by other pffe or witnesse sholde be tried by Combatt. And therfore yf the Contrarie parte coulde pve his righte as true ownor of the possession by witness, then it sholde not be a case