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Whether after defiaunce one of the
fighters doe comitt a faulte of de:
famation, Whether for the same he
maye be repulsed. Ca. 15.

Two gentlemen beinge at defiaunce & ha:
vinge waged battle vppon lyfe and deathe wthin
the prefixed time of sixe monethes that the combat sholde be
performed one of them committeth offence of infamie, wch is of
suche condicion as yf it had bene at the beginninge he might law:
fullie have bene repulsed. Nevertheles at the daye appoin:
ted he appeareth, when the aduersarie sendeth knowledge yt
by reason heis defamed of such an offence, and dishonneste
crime he meaneth not to contende wth him. he replieth the
repulse ought to have bene geven at the beginninge wch was
not done, but his person allowed the agrement made & the
Iudge chosen. Also the daye of execution was deferred by
thee, therfore thow maist not geve me the repulse. The
other saith that at the beginninge thowe were a gent not
dishonnored, but since that time become infamous, and worthie
reproche. In this case the Iudge is to be demaunded whether
this gent maye refuze to fight wth the other beinge defamed
wherto is answered he maye. Because the difference
of the time when the infamie was deserued is not materiall
whether it were before of after defiaunce. And the lawe
determineth that everie dignitie, honnor, preheminence, office
or creditt geven is loste thorough offence infamie & dishonnor
that after is committed and most of all in gentlemen, beinge
in wages & exercise of armes. ffor yf after they be detected
of any falshoode or defaulte in armes they shalbe cassed
banished, the armie to their infamie & shame, he shall also be
abolued of all vowes degraded of tokens or honnors of armes
beforetime betowed vppon him, and like a wief reproued of
adulterie shalbe for ever banished. But this punishment shall
not extende to faults fommitted before the profession of armes
lykewise yf a Souldier be sworne to obeye anie officer, yf
the officer after committeth offence vnworthie not to be obeyed