Where twoe knightes at defaiunce ap:
pointe a daye to fighte before Wch daye
one of them dooth happen to fighte wth
an other man, & is vanquished, whe:
ther therfore he maie at the appointed
daie be repulsed. Ca. 6.
If two gentlemen have waged battle to fighte vppon
lyffe & death at a certeine daye appointed and prefixed bet:
wext them, and before the time came, the challinger in one
other combatt becommeth vanquished, and yelded to one other,
wherby he iustlie desrueth of all gentlemen to be reproved
as infamous and periured wherby ariseth fame of reproch, and
vnworthines to disable him to answere anye other gentleman
in fighte. In this case whether notwthstandinge his ennemie
maye refuze him in combatt or not. wherto is answered, that
havinge in this sorte channged his good condicion into evell, he
maye be refuzed to fighte by reason he is presentlie in infamous
estate, wherfore duringe this infamie yf any other man sholde
challenge him he ought not for cause of the former reproche
committed. ffor albeit he be agreed to fighte vppon such a daye
yet are they not so bounde to doe yf the challinger in the meane
time becommeth infamous or periured. Therfore finallie I
conclude that vppon the daye appointed a man maye refuze
to answere an other in combatt, when as after acceptinge token
of combatt the challenger be dysshonnored, and become infamous.
And like reason hath the saide Challinger when as ye defen:
der after promyse made turneth his doinge to dishonnor and
shame. ffor wch he is not bounde to fighte but it is at his
choyse because of ye late reproche and infamie.
Finis Tercij Libri.
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