Which of the fighters beinge in feilde
ought first to Assaile
Ca. 15.
When as two gentlemen be come into the lists
wth determinacion to fighte, the doubt is demannded whe:
ther of them, ought firste to assaile his ennemie. Wherto is
answered, that it muste be he that challengeth or his
champion that ought to begin the combat, and the reason
of the deffendannte is, that wch the lawe of Lombardie
alloweth. ffor he who challengeth hathe promised, to make
triall of that he affirmeth. yf he therfore never begin the
combat, the defendannt is not bounde to make answere
because his duetie is to defende, and to attende the assault
of his ennemie who hath taken in hande the quarrell, &
to prove that wch he promysed. And this is in the na:
ture of Iudiciall battle where the defender accused atten:
deth the demannde of the complaynannt, demannding reason
by lawe ciuill. ffor it is the parte of the offenders, all:
waies to flee from iudgemente, and it is the aduise of che:
valrie, that the valiannt defender sholde awaite the asa:
ulte of his ennemie craftelie and boldelye, to the intent
that in battell, he maye more iustlie brinnge his quarrell
to good ende iustifienge that he inforced dooth fight and come
to battell to defende his owne quarrell, and so abide the
assaulte of th ennemie victoriousslye, and manie times by de:
vine iudgement the challinger dooth proue vnvanquisshed
The order of theis battles by the minister of armes must be
obserued, who ought to staye ye horses of the fighters by ye
bridles, the one & the other standinge aloofe, the trompetts
soundinge thre times, and at the laste shalbe let lose. And in
case the one dooth hurte the other before the thirde sounde, he
oughte therfore by the Iudge to be punished, or yf the officers
at ye firste sounde of ye trompet let lose ye horses contrarye
to order geven, then ought ye saide officers to be sore punished
or their deputies yf they did make ye offence, and ye gentlemen
shall escape free wthout punishment.
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