Whether A defender maie chaunge
the Quarrell.
Ca. 21.
Iff a gent dooth sende his gloue of defiaunce &
he that is challenged dooth accept the defiaunce & quar:
rell. The challinger chaungeth the quarrell sayenge that
the defender hath committed an other offence. The question is
whether the defender standinge firme to the firste, yf the quar:
rell may be chaunged, or whether he may be admitted to saye, I
will firste perfourme my firste quarrell, & after we will
common vppon the other. The order in armes commaundeth
that the firste quarrell shall stande, and theruppon was the
token of defiaunce deliuered for more assuraunce. ffor this
reason the Romains became victorious, because they remained
firme in their determinacions. ffor ye defender maye happelie
haue right in one quarrell and doubte of the other. Also in
this case the defender may saye yelde thy selfe in the firste
& we shall deliberate vppon the seconde, wch yf the chall:
inger doe, yeldinge him self & prouokinge the defender to
the seconde quarrell, the defender may answere. Thowe
art not worthie to come to combatt, havinge alredie confessed
thy slaunderous wordes, and therfore thowe shalt remaine
as falce & periured, as by thine owne confession in the firste
quarrell appeareth. yet the lawe Civile saith, that not:
wthstanding the first quarrell, the seconde may be ioyned
therto & cheiflie in multiplieng of wordes, the iniuries doe
arise, as yf in disagrement of one worde, an other be spo:
ken, then happelie the first, by reason it is doubtfull or
wronge is loste slippe, and the seconde become the cause of
challenge.
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