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daye, and he that challengeth hath time for one whole daye
to prove his desire vppon thennemie, and likewise the other to
defende. Therfore they ought to begin in the morninge to thende
they may have time sufficiente to trie thende. Also the
morninge is time moste meete, for yt a man is then moste dys:
pozed stronge and sober, and thus the contrarie parte cannot
alleadge that thennemie arived late to defravde parte of the
time of the whole daye neither is it lawfull by fraude of refu:
ges to plonge the thinge wch is triable by mans owne virtue, for
who so is bounde to winne or lose in one daye ought not to deceive
his aduersarie of one momente, and the slouth of the one sholde
offende the other. Of custome the combat betwene man &
man sholde begin the firste howre of the daye, and not the
laste when the matter sholde be determined. And because the
firste howre of the daye is accompted when ye sonne appeareth
above the earth, and not when ye night hideth his beames, wch
betokenethe the daies ende. A thinge wch craveth a whole
daies space to be performed in, as the personall combat doothe
hardlie suffize, for it is seene sometimes in a whole daies fighte
neither partie is vanquished. And therfore it is thought that
kinge Piero arivinge in the eveninge cannot be saide to appere
in time. Also it is saide that where no certeine howre is mency:
oned, a man ought in the accustomed howre to appeare, and
for triall of truth muste appeare in due time, so as there maye
be space inoughe to consider of the matter, and not to delaye the
enterprise, for otherwise all Iudgements, aswell in armes as
iuditiall sholde be in the powre of the aduersarie to deferre
the time of appearannce till that time were insufficiente
ffurther the disobedience of kinge Piero appeareth in cominge
wthout his hundred knights alone vnknowen & vnarmed. On
the contrarie it is to be answered againste king Charles, yt
he ought to be reputed the disobediente for not abidinge owte
till thende. Also it is lawfull to appeare at anye time du:
ringe the Iudge be in the feilde, all wch time Charles taried
not, and kinge Piero in doubt of the frenche kinge could not
soner appeare, and therfore his excuse was moste iuste.
ffurther who so is commannded to any thinge vppon a certeine
daye, hath the whole daye to performe the same, and he yt
is called vppon any cause maye not departe till the matter
be fullie examined, for beinge sommoned by the Iudge a man
maye not departe wthout his licence, and the combat maye
perchaunce at one blowe wth the swerde be ended. yea in
one howre a thowsand woundes maye be geven & receaved