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Page:MS V.b.104 034r.png
to fighte wth his ennemye althoughe the battle be not
ended, it is not his part to prosequute the same to
ende, only because it is not thought meete to the Iudge
to followe the matter further, havinge of his auctho:
ritie decreed and made signes not to fight anye longer
And this maye be sade to be a definitive Iudgement
sufficient for the quarrell, wch is as it were ende of
their differents, and so is the defender deliuered of
the Iudge who hath taken ende in this combatt. we
must also vndrstande that in case the challinger wolde
finde an other Iudge that wolde promise to se ende of the combatt
begon, yet shall not the defender be bounde a newe to
fighte, & ende the matter before the newe elected
Iudge, for havinge (as is alredie saide) performed his
duetie he is become free, and cannot [?] in that
quarrell be challenged, neither can the challinger
after moleste him by iudgement in other places or terri:
tories, for that he is vnsatisfied. Neuertheles the
challinger hath in this case occasion of quarrell a:
gainst the Iudge, saienge he hath bene of him wron:
ged in partinge the combatt, we are not againste
the defender, vnles it was speciallie agreed, that
they sholde fighte till the one or the other were
deade or yelded. ffor in that case they shall be
bounde in somme other place, and before an other
Iudge to ende the combatt, so as accordinge to order
the one or the other be slaine or yelded. This is
confirmed by manie emperiall lawes and commanndemts
entreatinge of like channces.