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Page:MS V.b.104 038r.png
Iudgemente. But in case the Prince refuzeth to be their Iudge, or
that for somme iust cause he forbiddeth them to fight, or els because
they are the Subiects of two other Princes, then ought they seeke
somme other Prince for a Iudge that to neither of them is sus:
pected Therfore the suspicion wolde be iuste. And yf two sol:
diers in time of sruice doe wage a Combatt vppon defiannce both
of them sruinge vnder one Capitaine, then the saide Captaine shall
be demed a Iudge indifferent. Or yf they be of ij sondrie bandes
and vsine diuers weapons, yet one of the Capteines or somme free
Prince that is content therwth and skillfull in armes, in whose
Court are conversannt manie noble Souldiers, gentlemen &
other great estats expert in warrs may be likewyse the Iudge
ffor such Princes as are vnskillfull in armes & Chevalrie
cannot be meete Iudges, for they beinge more practized in other
affaires, as merchandize musique dannsinge and other suche
like [?], never trayned in armes, shall not therfore be de:
med Iudges, sufficient to determine cases of armes, though in
other things they be skillfull inoughe, & also wise, yet the
wante of experience in the doubtfull channces of armes
yt is not possible they can iustlie iudge of them. And yf
it happened that two kings or Emperors shold fight vppon
a thinge perteyninge to the Churche, in that case the Emperor
or Pope in times past, hath bene receaved for a Iudge
indifferent, as we saide before of kinge Charles, and kinge
Peter, and also one other kinge who determined to fight
wente to Bordella kinge of Englande. He (as the cronicle
of Jean Villano reporteth) sent vnto him his Sindico for
a Iudge sufficient to determine of all Channce that iustlie
might happen in Combatt.
What Prince by reason hath auc:
thoritie to graunt combatt betwexte
gentlemen.
Ca. 14.