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Page:MS V.b.104 046r.png
as no impedymente is and the defender valiauntlie appeareth and de:
fendeth him self vnvanquished by his ennemie all the daye longe
then shall not any further daye be graunted because the defender
is at libertie. Lykewise when the parties by the Iudgs commande:
ment be parted and not suffred then to ende ye battle, they shall
never after retorne to fighte vnles it was agreed before theye
sholde fight till the one or the other were overcome deade or
yelded, as before is more at lardge declared, where in the
second boke we made mencion of place.
If after th defiaunce & daye geuen
one of the fighters doe challenge an
other man Whether he so challinged
maye lawfullie saye, performe thy firste
combat & then I will answere th.
Ca. 5.
If two gentlemen haue determined a daye for combatt
and after one of them challenge an other man before ye firste chal:
lenge be performed, whether this man beinge laste provoked maye re:
fuze to fight or not, seinge ye provoker hath before bounde him selfe
to an other man. And therfore saith goe first and performe thy
first quarrell, and then thow shall be answered. Wherto the
challinger Replieth him selfe sufficient to doe boothe. The
question is, whether the answere of him that is laste provoked
be good or not, for yf it semeth meete yt the Challinger sholde per:
forme his firste duetie for manie good reasons. ffirste because
the Challinger is bounde to his firste ennemie, and beinge over:
come by the seconde dooth become as it were prisoner vnto twoe
and therfore he shalbe forced to followe order, and he that was
laste provoked maye repute him selfe as free & at libertie, &
refuze to fighte or be fought wthall by an ennemie, who is before
bounde to an other. ffurther whosoever becommeth bounde, ys
of such Condicion as he cannot after freelie dispose of his owne per:
son by reason the same is alredie bounden and as it were sruante to