The booke of honor and armes

VVhether a quarrell betweene two Emperours may be decided by particular Combat. CAP. 2.

IT happened the Emperiall seate being voyd, the E∣lectors named vnto that dignitie two Princes, not by general cōsent, but by deuisiō of voyces, the one partie chosing Alfonso king of Spaine, the other Rich∣ard Duke of Cornwal brother to the King of England. These Princes claiming the Empire, the one challen∣ged the other to trie the right by Combat: where∣vpon grewe a question, whether persons of so high calling ought be admitted to fight in Combat. There∣vnto is said, that forsomuch as the Empire in the be∣ginning was gotten by Armes and vertue, and that the execution of all iustice resteth in Armes, it see∣meth an Empire in that sort gained, to be more hono∣rable, than if it were giuen by election. Besides that, in such triall, the victorious enioyeth it by diuine iudgement. And for example that Empires haue been so iudged, we reade that the Romanes being in warre with the Albanois, it was by consent of the one and the other people agreed, that three brethren of the one partie called Horatij, should fight with three of the enemies who were also brethren, called Curiatij. These men being brought together, after long and doubtfull fight, the victorie fell vnto the Romanes, and the Albanois (according vnto agreement) willinglie yeelded their Countrie vnto the Romanes gouern∣ment. On the contrarie may be alleadged, that forso∣much as the weldooing of the whole Empire, con∣sisteth

vpon the life of the Emperour, he ought not to fight in person. But this is to bee vnderstood of an Emperour alreadie possessed and inuested, for if the election be doubtfull, then to auoyd a publique warre and effusion of bloud, it seemeth verie reasonable, that two Princes making claime, ought be admitted to triall of Armes, so long as no other title or interest appeareth.