him, for to have his livelihood and his goods, he may defend himself thereof by his body, after the form aforesaid.

Item.-If a man were put upon, and accused to have lain with a man's wife, the which case, after this law, if her husband or kinsman complain to the justice, is capital death; that is to say, worthy to lose his head for the same; the said law will that this man shall mowe1 [to] defend himself by gage of battle.

Item.In likewise it is of a man's daughter, being yet under the rule of her parents; if they do complain of some man that hath had fellowship with her, tho' it was with her good will; this law will that he die, but if he defend himself thereof by champ of battle, in case the thing were so secretly kept that it might not be proved against him: for if manifest or openly known it were, (if the kinsmen will,) there were no remedy. And therefore this law should seem well strange in France, and in other place, that a man should die for such a case, seeing that it was by the good will of the woman, wedded or not wedded. And this law is upon such a reason founded, where it is truth that a man taketh death by sentence of the law or of justice, for to have committed a small theft of gold or of silver, a jewel or other thing of which case whatsoever necessity

:

hath brought him thereto, shall not mowe excuse him, but that justice shall keep upon him her rigour, if grace, for respect of some piteous case, be not to him imparted and made. Why then shall be spared he that hath despoiled and taken away the honour and worship not only of a woman alone, but of her husband, and of both their lineages? And because that where this folk that first made and stablished these laws, praise and set much more by worship, than they did of gold nor of silver; they concluded that yet much more ought to have deserved death, he that robbed another of the aforesaid honour, whereby all a whole kindred is reproved, than if he had taken from them whatsomever other thing; and therefore some did say that the law was yet well gracious and piteous to them, when such folk were not more cruelly punished than other that were worthy of death; that is to wit, that it made them not to die of a more cruel death, than for another case.

Another case putteth the said law, that should seem all enough against reason. That is to wit, that if a man had stolen certain lifełode', house or land, or namely, moveable goods, the space of thirty year, or more; and that another should accuse him that through evil and deceivable means he had it, and falsely had possessed it; that if this accuser of→ fered to prove the same only by his body in champ

1 livelihood, lifehold.

of battle, he shall be received thereunto. But without fail, notwithstanding this law, I tell thee well, that foolish is he that such law accepteth, or such gage. And he that is thereunto called, and that already hath the possession in hand, might answer thus to that other: Fair friend, I have nought to do with thy gage. Fight thyself all alone, if you seem it good: for I shall never fight for this cause. is there no law that may gainsay him in this case : for prescription is approved of all right.

So

Item.-Saith the same law, that if it happed two men to fall a-debate together, and that their question were brought to judgment, where both of them should produce or bring forth their proofs, to this intention, that if the one party would gainsay the other, and that they could not accord; if he will make it good by proof of his body, he shall be received.

Item.If a man taketh an action upon another for certain sum of silver or some jewel, or of some other moveable good, which as he said he lent to his father or mother, and that other denieth him the same; he shall also be received against the other to do champ of battle; if he proffereth to make it good by the same mean.

Item.-If a man hath be1 brought to loss and damage by fortune of fire in his house, or in his grange,

or other thing; if he will prove against another in manner aforesaid, that he hath put the fire therein, he shall be heard.

Item.-If a man complaineth over his wife, that she is no good woman; tho' he do this for a will for to close her within a wall, or for to be quit of her, or that she should be banished from her dowry; she may defend hereof herself, if she can find a champion that will fight against her husband for her; and if the husband refuseth him, he shall not be believed.

Item. If a man haunteth in the house of a wedded man, if the husband will say that this man hath haunted, and haunteth for to have a-do with his wife, for to shame her and him; this other man that so haunteth there may defend him against the husband by gage of battle. Whereof I do laugh, considering such a folly; that if the fellow that is so accused were great and strong, it were well bestowed, if he feel himself innocent, that he should beat well and thrifly in the champ, that jealous and foolish husband.

Item-If a man accuseth another, that he hath perjured himself in judgment; he that is so accused may gainsay it, as it is said.

Many other things containeth the said law that concernen champ of battle, which I leave for shortness of the matter, as a thing not needful more for to

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say. But so much is to be understand, that these battles are sometime done by the principal persons, when a reasonable case of some letting falleth there. As it were. If a man too young were accused, or a man that were too old, or a man that had some sickness, or that were impotent, and could not help himself, and sometime a woman, and all such other persons; the which things are all enough expressed and named in the said laws; and namely, if a bondman said that his lord had made him free of his bond and servitude, and this he will make good by his body, the lord is not holden to receive battle therefore; but ought to deliver him a champion. And more it saith, that two clerks of like degree, may have leave to fight each other in champ of battle. Of the which thing sauffe' her grace, I say that she hath wrong to intermit herself in such a case of any man of the church for the canon that ought more to be obeyed, defendeth them expressly all manner of battle and violent hurt. And I ask thee, if a man impotent as it is said, may set for himself such a champion as shall please him. I answer thee, that the champions that be committed for another are, in this deed of battle, figured, or in figure of procurors and advocates of plea; which office every man may do for another if he will, if right expressly gainsayeth it not. Right even

1 save.