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When th Challenger assaileth
the defender before he commeth
to the appointed place, howe to pro:
ceede. Ca. 8.

It is to be demannded further of a Iudge ap:
pointed, that when two gentlemen have waged
battle and goinge towardes the determined place
to fight, the one assayleth the other vppon the waye, not
beinge come to the feilde, and the challinger gaineth the
victorie, whether the defender be iustlie overcomme or not
or whether the challinger ought as a traytor to be condem:
ned, for assayling his ennemie contrarie to agremente.
wherto is answered that although they were defied foes
and desirous to trie their honnor in feilde, before a Iudge
at a certeine daye, yet was it not lawfull the one to offend
the other before they come to the appointed place. Because
the defender not beinge prepared, nor come to the feilde, it
shalbe iudged a manner of treason. And by the lawe civill
a man ought not to be assayled before defiannce, wherup:
pon he shall take warninge to defende himselfe, as not
vnprovided, and the more when the place Iudge & assurance
of feilde is grannted. wherfore althoughe the challinger
in case aforsaide overcommeth his ennemie, yet ought he
not have iudgemente of victorie, but rather to have commit:
ted treason. The civile and Emperiall lawes doe comma:
nnde that this offender is bounde to make amendes, for ha:
vinge in thys traiterous sorte oppressed his ennemie, and may
as a traitor, be called to combat or be sore punished by his
Prince, as one yt hathe broken promyse or faith, and re:
puted accordinge to lawe of armes and custome in chevalrie
a perfidious traitor. And this is the moste trewe decision
of this Question.