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 request of the nobilitie and others combat sholde be graunted And therfore in consideracion of the aucthoritie of the Emperor 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 kingedome 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 conscience wthout great deliberation and manifest presumptions againste 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 battle was indured by commaundemente of God for the punishmente 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 commaundemente of God Judith wth her maide Ambra killed the kinge Holofernes whilest there was no superior
