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Armies wch was wthout suspicion of place Titus Manlius fought wth a Latine, ennemye to the Romaines nere vnto the Campe of his ennemie, wch fight they performed wth dartes. The lyke thinge writeth Liuio in his seconde booke de bello punico of a gentleman of Campagna who fought wth a gentleman Romaine nere vnto his ennemies armie wthout any suspicion. It is also written of Titus quintus whoe safelye neere to thennemies armie wthout suspicion of place did fight wth Badio, and therfore towchinge Iudges havinge the assurannce of the Prince in lyke case was not muche to be accompted vppon. Thease & manie more lyke reasons on either parte might be alleadged. But I remitt me to ye order of great Princes & others more experte in the discipline of armes. ~ . ~ . ~ . ~ . ~ . ~ .
If the defender cannot finde a compotent Iudge & place, whether he ought to goe Vnto some solitarie place wth th Challinger or not. ~ . ~ . ~ . ~ .
Ca. 19.
When a man is challenged and required to appointe a convenient place and Iudge for combatt vppon lyfe & death and can in no wise doe the same. The question is whether he be bounde to meete his ennemies in a solitarie place as a feilde or woode, so as they maye not easelie be parted or seene wherin somme are of opinion that they ought to goe because necessitie maketh manie things lawfll wch otherwse were vnlawfull And for that the sworde is Iudge & manifest witnesse, that he that escapeth wthout hurte sholde be victorious. So is it also plaine that he that is slaine or grevouslie hurte is vndoubtedlie victored, and in this sorte wthout a Iudge maye sentence of victorie be reported, because the woundes doe witnesse in place of the Iudge. On the contrarye parte it is answered for demonstration of truth that so doinge sholde be contrarie to order of armes and auntient custome of Chevalrie, wch commanndeth that all combatts sholde be in presence of somme Prince and manye gent