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or cause crimynall towchinge his person. The lawe of l [sic]
Lombardie permitteth a man maye iustlie fighte for goods
deteyned, as more distinctlye yowe maye perceave bereafter.
The fifte and last is, that the different wheruppon the
combat is moved be not before notefied to the iudiciall
courte, ffor beinge once moved before a Iudge in open corte
and not provinge that wch he obiected, cannot after have
triall by armes, nor sentence by Iudge therof. As
Fredericke the Emperour in his constitucion writeth,
And though in diuers parts of the worlde be diuers customs
touchinge this, yet in matter of manifeste offence, no com:
bat shalbe grannted, because wthout furthor prooffe, the
cause is sufficiently knowne, vnles that he alledgeth the
faulte committed to be iuste. And that for more perfecte
triall of the same he is contente to iustefie the same in
battell, for then that beinge true, yt maye be triable by
combat as hereafter we will declare, howe one having
in open place slaine a gentleman, and alledginge that in
his owne defence he had iustlie donne it, or els vppon somme
other good occasion. It was asked whether it were lawe:
full for better proof therof and iustification of the
facte to come to combat.

Whether Particular Combatts
be Sufferable by Iustice
& Reason. ca. 4