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Difference between revisions of "Page:MS V.b.104 034r.png"

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(→‎Not proofread: Created page with "to provyde an other Iudge that the combatt maye in anye<br/> wyse proceede, for otherwyse the iudge shall seme fraudulentlie<br/> to be elected, for the battell not followinge...")
 
 
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to provyde an other Iudge that the combatt maye in anye<br/>
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to fighte wth his ennemye althoughe the battle be not<br/>
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wyse proceede, for otherwyse the iudge shall seme fraudulentlie<br/>
+
ended, it is not his part to prosequute the same to<br/>
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to be elected, for the battell not followinge yt may be saide the<br/>
+
ende, only because it is not thought meete to the Iudge<br/>
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ennemye that consulted, that at the daye he sholde revoke<br/>
+
to followe the matter further, havinge of his auctho:<br/>
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the lycence grannted. And though the defender hath<br/>
+
ritie decreed and made signes not to fight anye longer<br/>
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found a Iudge, who after assurannce of battaile, denieth<br/>
+
And this maye be sade to be a definitive Iudgement<br/>
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Iudgemente, yet shall he not be free from his pmise, &<br/>
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sufficient for the quarrell, wch is as it were ende of<br/>
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the negligence of the Iudge shalbe to him alone impu:<br/>
+
their differents, and so is the defender deliuered of<br/>
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ted. This the lawe approveth that the negligence<br/>
+
the Iudge who hath taken ende in this combatt. we<br/>
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shalbe imputed to him of whome the negligent freind<br/>
+
must also vndrstande that in case the challinger wolde<br/>
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resposeth his truste. And he to whome free choise<br/>
+
finde an other Iudge that wolde promise to se ende of the combatt<br/>
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is grannted to ende the cause, yf it be not ended<br/>
+
begon, yet shall not the defender be bounde a newe to<br/>
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is bounde to fine one other. Therfore he that<br/>
+
fighte, & ende the matter before the newe elected<br/>
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findeth a Iudge that will not conceave nor vn:<br/>
+
Iudge, for havinge (as is alredie saide) performed his<br/>
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derstande, yt cannot be intended that he hath done<br/>
+
duetie he is become free, and cannot [?] in that<br/>
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his duetie, as though in deede nothing at all were<br/>
+
quarrell be challenged, neither can the challinger<br/>
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done. And therfore by this meane cannot save<br/>
+
after moleste him by iudgement in other places or terri:<br/>
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him selfe excuzed. ffor thease reasons the de:<br/>
+
tories, for that he is vnsatisfied. Neuertheles the<br/>
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fender ought to finde an other Iudge more diligent<br/>
+
challinger hath in this case occasion of quarrell a:<br/>
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and also a place, as manie emperiall lawes by auc:<br/>
+
gainst the Iudge, saienge he hath bene of him wron:<br/>
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thoritie doe approve, wch arrirme that wheras is<br/>
+
ged in partinge the combatt, we are not againste<br/>
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no beginninge there is no ende, sith nothing at all is<br/>
+
the defender, vnles it was speciallie agreed, that<br/>
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done, and in all thinges after the beginninge thende<br/>
+
they sholde fighte till the one or the other were<br/>
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is to be looked for, because the beginninge is more<br/>
+
deade or yelded. ffor in that case they shall be<br/>
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worthie then thende, and th effecte of all doings are<br/>
+
bounde in somme other place, and before an other<br/>
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referred to thende. ffor this cause, yf two gentlemen<br/>
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Iudge to ende the combatt, so as accordinge to order<br/>
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at a daye appointed be entred into the lists, and fight<br/>
+
the one or the other be slaine or yelded. This is<br/>
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in the combatt for certeine time, afterwardes the<br/>
+
confirmed by manie emperiall lawes and commanndemts<br/>
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Iudge thus sufferinge the beginninge, yf after he com:<br/>
+
entreatinge of like channces.
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meth to parte them, forbidding to fight anye longer<br/>
 
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Then the defender havinge appointed the Iudge, the<br/>
 
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place and the other circumstanncs requisite to combatt<br/>
 
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though the challinger desire the defenr to appointe<br/>
 
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a newe Iudge and place, yet the defender is not bounde<br/>
 
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to do it, and shalbe free of his promise, ffor havinge<br/>
 
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once put order in all things requisite to battell & begon
 

Latest revision as of 18:52, 16 August 2019

This page needs to be proofread.

to fighte wth his ennemye althoughe the battle be not
ended, it is not his part to prosequute the same to
ende, only because it is not thought meete to the Iudge
to followe the matter further, havinge of his auctho:
ritie decreed and made signes not to fight anye longer
And this maye be sade to be a definitive Iudgement
sufficient for the quarrell, wch is as it were ende of
their differents, and so is the defender deliuered of
the Iudge who hath taken ende in this combatt. we
must also vndrstande that in case the challinger wolde
finde an other Iudge that wolde promise to se ende of the combatt
begon, yet shall not the defender be bounde a newe to
fighte, & ende the matter before the newe elected
Iudge, for havinge (as is alredie saide) performed his
duetie he is become free, and cannot [?] in that
quarrell be challenged, neither can the challinger
after moleste him by iudgement in other places or terri:
tories, for that he is vnsatisfied. Neuertheles the
challinger hath in this case occasion of quarrell a:
gainst the Iudge, saienge he hath bene of him wron:
ged in partinge the combatt, we are not againste
the defender, vnles it was speciallie agreed, that
they sholde fighte till the one or the other were
deade or yelded. ffor in that case they shall be
bounde in somme other place, and before an other
Iudge to ende the combatt, so as accordinge to order
the one or the other be slaine or yelded. This is
confirmed by manie emperiall lawes and commanndemts
entreatinge of like channces.

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