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When ye defendor chuseth a suspected
Iudge what is to be saide. Ca. 18.

Another question followth that yf A
gentleman be puoked to combat by his ennemie who by his
lre aduertizeth the challinger of the election of the weapon
and Iudge, wch Iudge was a kinge not yet crowned who had
graunted him place, & appointed the daye wthin his cyttie
where wch assurannce he permitted combatt to all men
heereto the challenger answered that forasmuch as ye defender
had chosen the saide kinge for Iudge & that the quarrell
towched no lesse the honnor of his crowne then the goode
fame of the defender he was not indifferente, and there:
fore required to have somme other more sufficiente or other:
wise he wolde to ye same to him selfe, but the defender choseth
none other Iudge, and at the daye appointed commeth armed
to appeare in thabsence of the challinger when he chardgeth
wth contumacie, and praieth the Iudge by him self chosen
to geve sentence to the reproche of the Challinger, who ha:
vinge lykewyse chosen an other Iudge, praieth the lyke of the
defender, for not appearinge to combatt, alleaginge the cause
to be ended. In this case ariseth a question, that hanginge ye
suspicion of ye proper Iudge alleadged by the challinger
whether ye defender might iustlie accuse him of contumary
yea or not. ffor ye doctors affirme, that the Iudge beinge
reputed as suspected, the cause ought not to proceede. ffor
yf further dealings were frustrate, yea althoughe the
suspicion alleadged were vniuste or iusge, because the effect
of the challingers requeste was to have an indifferente
Iudge chosen, and in chosinge one yt is suspecte he hath not
performed his parte, but in place of a Iudge indifferente
hath elected one suspected. On the contrarie side it is
answered that the defender havinge fre election and will
accordinge to the vse of armes might easelie alleage many
reasons on his parte, because a kinge maye be Iudge in his
owne cause for that he liueth in order of Religion, Also
a kinge ought not to be suspected for it is to be presumed
that for iustice sake he will not wrongefullie Iudge though
he