or cause crimynall towchinge his person. The lawe of l [!] 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 combat 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 lawefull for better proof therof and iustification of the facte to come to combat.
Whether Particular Combatts be Sufferable by Iustice & Reason. ca. 4
