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of battell is euer uncerteine and doubtfull, and therfore no
man oughte to be a challenger, but rather challenged, and
not wthout great iustice, to answere by fighte, as here
after shalbe Saide.

When one of th fighters do not
appeare at ye daye, & is reported
to be deade, howe to proceede.

Ca. 12.

It happeneth that two gentlemen beinge at
defiannce, and after wager of battell and agrement to
fighte for life, the one appeareth at the appointed daye
well mounted on horsback, and armed readie to performe
the combatt. The other appeareth not at the promysed time
and as it was reported, the man was departed this life
he that was appeared, praieth sentence to haue iustice
pronounced in his favour, thinking the same no lesse due
then yf he had ouercome th ennemie in fighte, alledging that
for feare to fight wth him the man died. And because suche
request is vniuste, the iudge ought in this case wiselie
to take deliberation, and diligentlie to consult wth somme
expert officer at armes, what might be the cause of his
death, of the howre and time wherin he sickned, and in what
moment he died, chardging the saide officer to enquire
and make true reporte therof. And findinge that natu:
rall death (wch is common to all creatures) was cause
therof, and that that will of God was, that this combat
sholde so be ended, by the death of this gentleman, no
iudgement shall then be vsed consideringe (as erst I saide)
he died naturallie, vnles it be founde he died in the selfe
same day appointed for fighte, or a small time before
he sodeinlye wthout sicknes or other naturall disease