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Which of the fighters ought to
chose the weapon, the place, &
th Iudge. Ca. 13.

Howe it is to be considered whether he
he [sic] that maketh the challenge, or he that is challenged ought
to chose the Iudge, and lykewise the weapon, wherof to give a
certeine Rule, it is dyscreetlye to be considered, that the chal:
lenger hath from the beginninge, fre will and powre to chose ye
waye to armes, for triall of his quarrell, and to proue that
by armes wch otherweise is not triable, and thus provo:
kinge his ennemie to fight man to man, shalbe by him answe:
red, that yf he findeth him selfe by him offended, he oughte
to complaine therof to the iudge, and orderlie to demannde of
him iustice, that he might in combat answer him. But yf the
challenger have meanes by right of armes to shewe & iustefie
his demannde, then of his owne qucthoritie, wthout the iudge it
is lawfull for him alone, to provoke & constreine the defender to
personall combat. And yet herein equitie is to be obserued, that
the challinger vse not more privilodge then he that is chal:
lenged, for he that is challenged is worthie of moste favour
as are those yt (not guiltie) be called to ciuill Iudgemente
and this is by the constitucion of Othone Emperor and
kinge of Italie, and after confirmed by Fredericke, and is
also confirmed and obserued by order of armes, that he that
is challenged oughte to choose the weapon, the iudge &
the place whensoeuer they determine to fighte. And
this ordinannce was because the challenger havinge auc:
thoritie to choose his mannor of triall, and enforce the
defendor either to armes or to iudicyall courte. But wher:
as the libertie is denied, then ought the weapon to be ap:
pointed by the iudges, to the ende that all gentlemen for
iuste causes provoked maye come to combat and ende
the same wth all equitie by iudgemente of armes, so as
no