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Page:MS V.b.104 045r.png
as the Romaine capteins vsed wth their ennemies as before
in the seconde book is declared. Therfore the Pope perceiving
that kinge Piero appeared not wth his hundred knights at
the daye appointed vsinge therin crafte & deceipt, did him
excommunicate, declaringe him periured and a Traitor, &
also depriued him his kingdome of Arragon as in the histo:
rye of Jan Villano and other historiographers is decla:
red wherto I referre my discourse.
When at the daye appointed for fight
an Imprediment doe happen to one of
the fighters: Whether he shalbe excused
or receaue sentence to his disaduantage
Ca. 3.
Howe it is to be considered when a daye for combat
vppon lyfe & death is appointed betwext two gentlemen, yf the
knowledge to the Iudge of his not cominge, in this case it is doubted
whether he ought to be harde or not, because men saye the Iudge
ought to vndrstande whether the excuse be iuste or not, and beinge
trewe ought to admitt the saide excuse. But beinge vniuste he
shall in no wise here it. If the lett proceedeth of sicknes, tempest
in passinge of the seas, or els yf the Prince making warrs
vppon somme other Prince, & beinge in his Sruice, or yf duringe
the time of warre againste his contrie he maye not wth honnor
depart, beinge bounde to fighte for ye same or vppon any suche
lyke impedyments, then maye the combat be deferred. But
thease impedyments remoued he ought presentlie to goe, to the ende
they seme not fayned or craftleye deuised. Also the excuse maye
not seme invented neere the daye of appearannce, for yf the
excuse proceedeth of willinge defaulte, he shall not in anye
wise be by the Iudge admitted but rather by him declared as
disobediente, And yf the Challinger doe fall into thease