You are not currently logged in. Are you accessing the unsecure (http) portal? Click here to switch to the secure portal. |
Page:MS V.b.104 045v.png
offences the defender shalbe absolued of the quarrell wth
the great infamie of the Challinger, who shalbe repulsed after
from all personall combatts. Or yf the defender committe the
disobedience he ought to be condemned vppon the offence whereup:
pon they determined to fight to his infamie and reproche. There:
fore noble gentlemen in lyke case where infirmitie or sicknes is al:
leaged were wonte to protest whether such infirmitie proceedeth
of feare to fighte, wherin yf he knewe him self not to have
righte, that then in despaire or doubt to be hurte he becommeth
sicke before tyme of combatt as is before in one other Chapter
declared, where a man died vppon the daye appointed for battle.
When th combatt cannot be finished
in one daye, Whether a seconde daye
maye be geuen or no. Ca. 4.
Lett vs nowe consider that yf a daye of
combatt be graunted betwene two gentlemen
and the combatt not beinge in that one daye
fullie ended whether they maye retorne againe to fighte &
see ende of the quarrell. The lawe of Lombardie saithe
that thenterprise shall remaine and be performed in one other
daye. Baldo writeth that yf a man defieth his ennemye
purposinge to trie the offence wth his sworde vppon such a
daye In case he proued it not in the same daye, he cannot
afterwardes doe it by combatt because there is not newe
delaye therin, And the contrarie herein is thus defined
when as the combatt thorough lawfull impedimente is not
ended then ought one other daye be graunted. But when