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accepte the Challenge, but vnlawfullye refuze to defende his
owne honnor by order of Chivalrye, he incurreth eternall
shame, and desrueth rightfullye to be pictured and set vp
for his cowardice of all ment to be beholded. Also it is lawfull
for the Challinger, by what other waies of reproche and
disshonnor he can devyse to pursue the saide gentleman
that in this sorte shall refuze to take in hande the defence
of his owne honnor, as hereafter more at lardge it shall
be seene.
What thinges be required
in Combat. ca. 3.
To proceede ffurther
in this matter, yt were not convenient to
omitt the five thinges wch in battell bet:
wext man and man, before they come to fighte are re:
quired, as we finde it taught by the Emperor and Mr
Baldus of Perugia Doctor in Lawe, discoursinge of suche
cases wth the cardinall of Bologna affirmeth the same
ffirste yf he that is challenged shalbe suspected and defa:
med wth the faulte or offence wherwth by the challenger
he is openly chardged. Secondlye that the infamie cannot
be proued or manifested by witnes of creditt or worthie be:
leife. Thirdlye that the Challenger be of equall or bet:
ter condicion then he who is challenged, because it were
vnlawfull, that a man of small reputacion might call his
better to battell, and therby to make him selfe his equall
And seinge it is not lawfull for the inferiour to fight wth
one more honnorable then him selfe, therfore equalitie
in such case is to be obsrued. ffourthlie That the cause
wheruppon he is called to combat be personall, and not
anye different cyvile of goodes, but shalbe somme offence