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to provyde an other Iudge that the combatt maye in anye
wyse proceede, for otherwyse the iudge shall seme fraudulentlie
to be elected, for the battell not followinge yt may be saide the
ennemye that consulted, that at the daye he sholde revoke
the lycence grannted. And though the defender hath
found a Iudge, who after assurannce of battaile, denieth
Iudgemente, yet shall he not be free from his pmise, &
the negligence of the Iudge shalbe to him alone impu:
ted. This the lawe approveth that the negligence
shalbe imputed to him of whome the negligent freind
resposeth his truste. And he to whome free choise
is grannted to ende the cause, yf it be not ended
is bounde to fine one other. Therfore he that
findeth a Iudge that will not conceave nor vn:
derstande, yt cannot be intended that he hath done
his duetie, as though in deede nothing at all were
done. And therfore by this meane cannot save
him selfe excuzed. ffor thease reasons the de:
fender ought to finde an other Iudge more diligent
and also a place, as manie emperiall lawes by auc:
thoritie doe approve, wch arrirme that wheras is
no beginninge there is no ende, sith nothing at all is
done, and in all thinges after the beginninge thende
is to be looked for, because the beginninge is more
worthie then thende, and th effecte of all doings are
referred to thende. ffor this cause, yf two gentlemen
at a daye appointed be entred into the lists, and fight
in the combatt for certeine time, afterwardes the
Iudge thus sufferinge the beginninge, yf after he com:
meth to parte them, forbidding to fight anye longer
Then the defender havinge appointed the Iudge, the
place and the other circumstanncs requisite to combatt
though the challinger desire the defenr to appointe
a newe Iudge and place, yet the defender is not bounde
to do it, and shalbe free of his promise, ffor havinge
once put order in all things requisite to battell & begon