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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 christy:
an 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 ob:
srued, 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 com:
batts, 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 other:
wyse 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