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Whn th defender hath founde the Iudge
& place, Yf th iudge wolde not assent
to th combat Whether this defender be
bounde to finde an other Iudge.

Ca. 6.

Lett vs nowe consider yf twoe
gentlemen vppon defiannce doe wage their
battle, and the defender findeth a sufficy:
ent Iudge and place convenient accordinge to order in this
behalfe. The daye of battle come, the Iudge appeareth and
not consented the combatt sholde as was appointed proceede
on that daye, alleadgeth he was not sufficiently learned
or yt he wolde more aduisedlie studdie to vndrstande and know
the termes of the differente, or els for somme other hidden
cause, he thinks it necessarie to deferre th appointed daye
and vse possecie, not vnlike the goode taylor, who laienge
his cloth before him dooth make sondrie designes to attaine to
the perfecte shape. And as the skilfull builder before he
workethe his frame dooth forste consider in minde his deter:
mined worke, such skill is vsed of this Iudge, who deferreth
the daye. But yf he that is provoked dooth pursue his
quarrell, and therfore praieth an other daye, to ende
the differente, the question is, whether wth the same iudge
and in the former place appointed they ought to proceede or
not, Or whether ye defender be bounde to provide an other
place and iudge, because th appointed daie is paste wthout
fight, thoroughe the Iudges defaulte. It is answered
that yeae for that the defender after permission of
combat havinge chosen the Iudge, yt mighte be presumed
that he repenteth him selfe to have chosen such a Iudge
as rather in deedes then wordes had determined therof, by
reason the combatt is deferred, therfore the defender ought