The nineteenth Chapter. Of a seuerall Conflict or Combate betweene twaine hand to hand.
1 NOwe let vs sée whether it bée lawefull to fight a Combat. They comonly call the same Duellum, that is, a Co bat betwéene twaine: Not because this word doth properlie signifie that thing. For Duellum properly signifieth euerie fight, because therein two partes doe contend. But I, to the intent y t this treatise may be the plainer, will call ⟨…⟩, that is, where one fighteth with one, Duellum, a Combate. 2 Dauid (say they) fought a Combate hande to hande, therefore it is lawfull. And the fathers when they wrote vpon that place, made some note of that matter. Howbeit the Canonicall lawes vtterly condemne it. And the latter sort of Lawyers, when they treat thereof say, that the thing it selfe doubtlesse is nought, but yet for as much as it is suffered among Princes, therefore they say that they giue Counsell howe the same must be vsed. As if there should be a disputation of whoredome, all men would straightwaie graunt that the same is wicked and damnable: but because it is suffered in many common weales, they would admonish with what moderation it should be vsed. Manie saie that it is lawfull to fight a Combate, as if sentence of death be giuen against an innocent with this exception: to wit, vnlesse he will fight a Combate. The selfe same thing they thinke to bee lawfull, if that suites in lawe of ciuill and criminall thinges cannot otherwise be ended. They say that examples be extant of Christian Princes, who not onelie permitted this, but also they themselues after this manner contended. And they adde that this kinde of fight hath some shewe of a lot. And séeing lots are permitted, as wee haue largelie before declared, this also by the selfe same right may be permitted. Lastlie they saie, that this is no lesse lawfull than warre: But warre may lawfullie be made: therefore also a Combate. 3 Before I come to the matter it selfe, it behooueth to shewe that there is a great difference betwéene a Combat and warre. For in warre men incounter with great forces, yea sometime with all their strength: but in this cause the triall of the whole matter is permitted onely vnto two. And although More and Lesse (as they say,) doe not chaunge the kinde, yet be there here great differences. And further, we must consider, that there is a great difference betwéene a Combat and that defence, whereby they saie it is lawfull to repell violence by violence. Because he that is so inuaded by a Cutth⟨…⟩ote or théefe, although he be a priuate man, yet is he sufficientlie armed by the Common weale, onelie for defending of himselfe and not for killing. For he that is in that place cannot alwaies call for the Magistrates helpe. But here they méete together by appointment, and the one is fully minded to kill the other. 4 Moreouer these conflictes are taken in hand, either by priuate appointment, or else by permission of the Magistrate. Neuerthelesse that is altogether condemned. For it is written: Thou shalt not kill. But this if the Magistrate permit, there féemeth to bee in it a certaine kinde of iustice. Howbeit we ought to knowe, that we must not obey the Magistrate, if either he commaunde or permit those things that be vniust and repugnant to the worde of God. In déede we must obey the Magistrate, 5 but yet Vsque ad Aras, [that is, with a safe conscience towardes God.] And séeing such kinde of fight is an humane action, that must be obserued therein, which is obserued in other Actions: That is, vnto what ende the same is taken in hand. 6 And the end of euery actio~ hath a respect either of iustice, or iniustice: either of goodnesse, or naughtinesse. Wherefore let vs take reasons first from y e word of God, secondly from good lawes, & lastlie from the end. Now let vs enter into y e matter it selfe.