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The thirde booke
entreatinge of the mannor of
waginge Battle.

Of the daye appointed to fighte

Ca. 1.

fforasmuche as in the firste booke it is resolued
that when ye defender is requiredby lres from his ennemye to
chose weapon place and Iudge indifferente, he ought also to appoint
the time and daye for combatt, because it is to be noted, that
havinge chosen the Iudge and the weapon, it were vnmeete to
flee the fighte, yf the defender sholde defer to appointe ye daye
for so longe time as twentye yeares, because it is disshonnorable
thorough protracte of time to eschue the combatt. Therfore
to prevent such cavillations by custome & order of armes
it is agreed that combat shalbe performed wthin vj monethes
And yf the defender wthin that space cannot procure a suffi:
cient Iudge and other things requisite, that then it shalbe law:
full for the challinger wthin lyke terme to doe it. And in case
that he cannot procure a Iudge indifferent, then shall the de:
fender lawfullie be at libertie, nor maye afterwardes be
challenged for battle, because that such a combatt were odious
and ought rather to be aduoyded then permitted, as the lawe of
Lombardie saith. Therfore thappointed terme beinge ex:
pired yf it happen that longe after the challinger doe finde
owte a Iudge of newe, and desireth yet to performe the com:
batt, and so againe pvoketh the defender, yet shall he not
be bounde to answere him because of thappointed time paste
vnles the defender requireth the coste he made wthin the
terme, for chosinge a Iudge, & ordeyninge things meete for
battle, for then it shalbe at his choise to fight or not. And
it is to be vnderstoode that the appointement of sixe monethes
was made to prevent inconveniences of deferring the daye