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 sufferable. 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 kinges 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 decretall, 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, grevouslye punishinge such as contrairie to iustice doothe fighte and pron[ou]nsinge 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 honestie, virtue and religion to the common weale, wth punishmente 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
