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Armies wch was wthout suspicion of place Titus Manlius
fought wth a Latine, ennemye to the Romaines nere vnto
the Campe of his ennemie, wch fight they performed wth
dartes. The lyke thinge writeth Liuio in his seconde booke
de bello punico of a gentleman of Campagna who fought wth
a gentleman Romaine nere vnto his ennemies armie wthout
any suspicion. It is also written of Titus quintus whoe
safelye neere to thennemies armie wthout suspicion of place
did fight wth Badio, and therfore towchinge Iudges havinge
the assurannce of the Prince in lyke case was not muche
to be accompted vppon. Thease & manie more lyke reasons
on either parte might be alleadged. But I remitt me to ye
order of great Princes & others more experte in the
discipline of armes.

If the defender cannot finde a compo:
tent Iudge & place, whether he ought
to goe Vnto some solitarie place wth th
Challinger or not.

Ca. 19.

When a man is challenged and required to appointe
a convenient place and Iudge for combatt vppon lyfe & death
and can in no wise doe the same. The question is whether
he be bounde to meete his ennemies in a solitarie place as a
feilde or woode, so as they maye not easelie be parted or seene
wherin somme are of opinion that they ought to goe because
necessitie maketh manie things lawfll wch otherwse were
vnlawfull And for that the sworde is Iudge & manifest
witnesse, that he that escapeth wthout hurte sholde be victo:
rious. So is it also plaine that he that is slaine or gre:
vouslie hurte is vndoubtedlie victored, and in this sorte wthout
a Iudge maye sentence of victorie be reported, because the
woundes doe witnesse in place of the Iudge. On the contra:
rye parte it is answered for demonstration of truth that
so doinge sholde be contrarie to order of armes and auntient
custome of Chevalrie, wch commanndeth that all combatts
sholde be in presence of somme Prince and manye gent