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A vanquisher, because in the first by his owne confession he
is vanquished, but beinge in the seconde victorious the gent that
gained the first victorie ought be for two respects accompted as
victored, for that it was lawfull for the gent iniuried, vppon the
iniurie of wordes to fighte. ffor seinge the imputacion of
treason requireth presente revenge, & the iniurer in that
cause by fightinge semed to accept the quarrell wch he was
not bounde to doe, but havinge accepted the seconde quarrell
ought of right to be victored, seinge they might have refuzed to
fighte theruppon, because he was not in that daye bounde to
mainteine more then the first quarrell wch his ennemie
had vnsaied. he might therfore have praied iudgement vpon
his favour in the firste, & differred to performe the nexte
quarrell till an other daye. In such cases the Iudge ought
to enquire of men worthie credit, that did most diligentlie
see what was done, & heare what was saide by the fighters
& then pronounce the sentence abovesaide, wch (vnder correc:
tion of gent of better iudgement) is the trwe & iust sentence
As for example yf I do claime a thowsand ducatts to be
due vnto me by an other man, who (the suite dependinge)
demaundeth of me a thowsand sheepe confessinge his debte
in this case sentence ought be geven in favour of vs both, be:
cause the one wth his owne mowth confesseth the debte, the
other is proued by sufficient witnes And therfore in
iustice both ought be satisfied.

Of one that yeldeth wthout denienge
whether the combat beinge ended he be
bounde to denie.

Ca. 18.