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we saye they are in no place to be iustified, but where the prince
vppon iuste cause be therwth pleased. In thease daies custome
admitteth that by licence of a discreete prince they are suffe:
rable. We reade in a certeine cronicle written by Jean
Villano, that kinge Charles makinge warre vppon Peter
kinge of Arragon, for the Isle of Sicilia: the Pope
Martino, and colledge of cardinalls, permitted those twoe
kines sholde fight man to man in person, or els accompanied
wth a hundred knights on eyther parte, and he yt gate [sic] ye
victorie to enioye the kingedome for ever, as hereafter it
shalbe declared. ffor further proofe that kinges & emperors
maye permitt battell, it is proued by aucthoritie of de:
cretall, that the iuste battells be permitted by the devine
iustice, and for yt reason it is lawfull for Princes to publish
warrs againste disobedient personns and rebells. Also
the Prince that maketh iuste warre doth it in srvice
of God thoughe death doe proceede therof. And God
saithe I will slea, and for my pleasure all soules shall live
Also the emperors of greatest powre and aucthoritie
vppon iuste cause wth stile of religion doe also consente
hereto, and solemnlye do sweare the fighters in combatt to
keepe what they promyse, neyther doe they admitt them to
combatt, but vppon a great offence, or for the exercyse of
the discipline of armes, or els for the triall of truthe, gre:
vouslye punishinge such as contrairie to iustice doothe fighte
and pronnsinge [pronouncing] suche men, amongest all gentlemen for wicked
and infamous. And the lawe of themperor commanndeth
that the vse of armes muste be obsrued wth great hone:
stie, virtue and religion to the common weale, wth punish:
mente to the same, because wth greate iustice, the combat
ought to be tried, as erste we saide.

Of What condicion those men sholde
be yt enter into combatte. ca. 5