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Page:MS V.b.104 058r.png
that had aucthoritie otherwise to see him punished. ffor wch cause afterwardes were constituted kinges officers & magistrats, and prouision made that iustice was exequuted by them, and that whosoever did take vppon him the punishement of wronge by him selfe was punished, because in so doinge he vsurped the devine iustice, wch is the office of God geven to Princes appointed by him herevppon were made the written lawes, before wch iustice was donne by the Royall hande, by wch the powre of kinges do commaunde exequution. And then God commanded that offendors sholde be punished, and also that battle & warre sholde be made vppon such as disturbed the peace in kingedomes and provinces. God also commaunded that men sholde arme them selues against Rebells and evell doers In thease lawfull warrs when there was no superior that coulde chastize offenders and personns disobedient the custome of particular battle and combat was invented. wherin it was ordered that for proofe of offence, when the faulte was not apparaunte, they sholde fighte man to man. And thus for terror to them that wolde offende and doe wronge to others, yt was permitted that such as they offred iniurie vnto, might assaile them by combatt. ffor the lawe of defence is permitted, to brutish beasts by instincte of nature, who finding them selves provoked by others of their kinde wth their armes wch nature hath geven them wherwth they finde somme waies to defende them selves as their teeth hornes feels and such like, And this defence is also naturall to men provoked by iniurie, when aucthoritie or licence of the Emperior & Prince who hath powre to graunte battle for iuste cause doe so permitt, wheras is no witness sufficient that might by ordinarie Iustice put order in the cause.