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ANd by cause I have tolde the here by fore / That af∣ter the forsayd lawe / is to be knowen of what con∣dycyon is the personne that hathe conquested som what in armes / wherof I haue declared to ye one parte Nowe suppose
we other wyse / that is to wyte that a baron made werre ayenst another baron / were hys quarell Iuste or not / or that wolde deffende hys lande fro som other / For why aswell to deffende hym self and to kepe hys lande what that the caas be / It behoueth hym to Iuge a iuste werre / as whan he enua¦hyssheth / And yf it hap thenne that thys baron that so def∣fendeth hym self / taketh that other that enuahysheth hym / shuldest thou saye that he were hys owne prysoner / I certy∣fye the that nay / nor noon other ryght he shulde haue vpon hym by the lawe / but onely to holde and kepe hys persone su∣re vnto the tyme that he shulde presente hym to the lorde so∣uerayne of whom he sholde holde the baronnye whyche shulde gyue vpon hym hys Iugement / but another inspecte may be herupon / that is to wyte / that yf he that taketh hym be su∣che a man that he haue souerayne Iustyce in hys owne han¦de / or ellis that he haue the powere to doo Iustyce vpon the mysdooers / and hathe custome to do therof as the veray lor¦de / as ben many lordships that haue suche auctoryte / I telle the that syth that he fyndeth hym rennyng ouer the lande robbyng and sleeynge hys men / that he by hys Iustyce may punysshe hym yet supposed that he were a gretter lorde in de∣gree than hym self / ¶Not wythstandynge that men myght make an arguement vpon thys caas / that a man may not nor ought not to be Iuge in hys owne propre cause / I say that he may doo soo / and by two reasons / that one by vertue of his Iurisdycyon whiche is to punysshe and doo Iustyce of the mysdooers / and that other that he punyssheth the delicte of hym that maketh hit vpon the propre place / wherof he hathe auctorite of the lawe to do soo / For yf a man assaylleth another and thynketh to hur¦te hym / he that is so assailled may doo to that other that
that he wolde had doon to hym / and I telle the that it is at∣temperaūce of a reasonable deffence / but I confesse well that yf he that so is assailled and that had noo Iurysdycyon nor auctoryte to do so / shulde punysshe of his owne hed / hys ad∣uersarye vndre the tytle of Iustyce / or that shulde kepe hym in pryson / he shulde doo wronge to his souerayn lorde / and shulde putte hym self in parell to lese that that he holdeth of hym / therfore he ought to yelde hym soone to the s••id soue∣rayne lorde / Fpr namely it were lawfull to a man of the chyrche in suche a caas for to recouere his thynges ayen /