first coming, institutest and gavest manner and order to arrange battles, and to assail and fight in manner-adored lady and high goddess! be not displeased, that I, simple and little woman, like as nothing unto the greatness of thy renown in cunning', dare presently comprise to speak of so magnific an office, as is the office of arms; of which first in the said renowned country of Greece, thou gavest the usage. And in so much it may please thee to be to me favourable, that I may be somewhat consonant in the nation where thou was born, which as then was named the Great Greece, the country beyond the Alpes, or mountains Puylle and Callabre, in Italy, where you were born. And I am, as you were, a woman Italian.

The chapters towards the end, which treat of the trial of right by single combat within the lists, as allowed and ordained by the Imperial and Lombard laws, are justly considered as the most curious part of the book.

1 ntelligence.

" undertake. • Calabria,

3. Apulia?

Book 4.-Chap. 8.

For what causes the law Imperial did ordain the Champ of Battle.

But because that the diffenses' abovesaid, of the right written, have not be always observed, nor kept, nor yet be not obeyed in all royalmes, as touching for to fight in champ of battle, as it is said; I shall tell the causes for the which they that did set it up have judged it to be doo, that is to wit, the emperor Frederic, that so much contraried holy church, that he chased the pope out of his place, that time when he came to his refuge and succour toward the king of France. And also another scripture that men call the Lombardish law, deviseth thereof in divers cases; the which hereafter shall be declared by me unto thee,

First, The said emperor's law saith, If a man be accused of treason, that he have machined, purchased, procured, or conspired against his prince, or against his city, or else to the prejudice of the common weal, whatsoever the case be, of which the truth cannot be by no proofs known; and that this man so accused offereth to defend and purge himself by champ of battle, against all men that wol say against

I prohibitions.

him, shall be received to do the said champ of battle.

Item. That if a prisoner of war be kept in prison by the party adverse, and that it happeth during the said prisonment that peace be made betwixt the two parties, under condition that all manner of prisoners shall be delivered safe again, without paying of any ransom; wherefore it may haply fall, that the master sleeth his prisoner: for which misdeed, by right he may lese his head, and he be reproved and attainted thereof; whereupon he saith that he slew him in his defence, and that first of all the prisoner had other2 traitously, or by some otherwise assailed, when they were but them two together; and this he wol make good by good proof of his own body, in a champ of battle; if any man were that would say contrary against him, he ought to be received.

Item. Also it saith, as by such a fall, we put case that the king of France and the king of England had truce together, and that it should hap a Frenchman during this time, to wound and hurt full sore an Englishman, or an Englishman a Frenchman; of the which thing that law saith, that in such a case behoveth of right and justice a greater punition to him that hath hurted that other, than if he had done the same to one of his own country: If

he that this wrong hath done, would bear it out by the proof of his own body, that this was done of him in his defence against that other that first had assailed him-his words by the said law Imperial, ought to be heard.

Item.-If a man accuseth another that he would have had slain the king or the prince, by poisons or otherwise; and that other saith that he lyeth falsely, and for the same called him to champ of battle, he is holden by the same law Imperial, to answer him and keep him, the day that he shall set for to fight with him.

Chap. 9.

For what causes did ordain the Lombardish law Champ of Battle.

So is there another law that is called the Law of Lombardy; wherein be comprised many divers things; and in the same by especial, the masters that stablished it have thereupon written many causes to which men may give gage for to fight in champ of battle. And out of the same laws are come almost all the judgments of giving of gage; that is to say, a token of defiance for to befight his enemy within a close field, which men call champ of

battle. So shall I tell thee some of those causes, that is to wite; If a man accuseth his wife, that she bath treated or bespoken for to make him die, other by poison, or by some other secret death whereof by some colour, he hath her in suspicion ; but she cannot be to the truth truly attainted: or else when the husband is dead, and his kinsmen putteth upon his wife, that she hath made him to be brought to death if this woman can find a kinsman of her's, or some other friend that will fight for her, bearing out that that which is laid upon her, is falsely said, the Lombardish law will that he shall be received for to fight for her, against whomsoever will blame her.

Item.-If a man were accused that he had slain another, and that this could not be proved against him; if he casteth his gage against him that accuseth him, the law will that he be received.

Item-Semblably1, if he had beat a man under as

surance.

Item. If a man have slain another man, both all alone, and that he woll make a proof by gage of his body, that it was in his defencing, and that the other assailed him first; the said law will that he shall be heard.

Item. If a man, after the decease of some kinsman of his, of whom he ought to have the goods by succession, as next kin, were accused to have slain

1 in like manner.