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Gladly at this moment would Mac-Ivor have put their quarrel to a personal arbitrement, his eye flashed fire, and he measured Edward as if to choose where he might best plant a mortal wound.
For reasons somewhat similar, she did not suffer her dislike of the steward to become manifest before Joceline Joliffe, whose spirit, as a forester and a soldier, might have been likely to bring matters to an arbitrement, in which the couteau de chasse and quarterstaff of her favourite, would have been too unequally matched with the long rapier and pistols which his dangerous rival always carried about his person.
When Miltiades arrayed his men for action, he staked on the arbitrement of one battle not only the fate of Athens, but that of all Greece; for if Athens had fallen, no other Greek state, except Lacedaemon, would have had the courage to resist; and the Lacedaemonians, though they would probably have died in their ranks to the last man, never could have successfully resisted the victorious Persians, and the numerous Greek troops, which would have soon marched under the Persian satraps, had they prevailed over Athens.
Dr Forbesse speaks unadvisedly whilst he saith, Evenit nonnunquam, &c.: “It falleth out sometimes that that which was expedient for thee to do yesterday, and to omit this day, thou mayest, notwithstanding, afterward either do it, or not do it, according to thy arbitrement:” As if, forsooth, our using of things indifferent should not evermore be determined by the rule of expediency which God’s word giveth us, but sometimes by our own will.
As he followed him slowly to the tower, he could not help thinking to himself, that, had the English knight always displayed this superior tone of bearing and feeling, he would not probably have felt so earnestly disposed to take offence at his hand. Mortal offence, however, had been exchanged, and the matter was to be put to mortal arbitrement.
But neither may they, by their own authority and without a council, decide any controverted matter of faith, nor yet having convocated a council, may they take upon them to command, rule, order, and dispose the disputes and deliberations according to their arbitrement; nor, lastly, may they, by virtue of their regal dignity, claim any power to examine the decrees concluded in the council, otherwise than by the judgment of private discretion which is common to every Christian.
This oration, the longest that ever Pipes was known to make, he concluded with a flourish of his cudgel, and enforced with such determined refusals to leave them, that they found it impossible to bring the cause to mortal arbitrement at that time, and strolled about the park in profound silence; during which, Hatchway's indignation subsiding, he, all of a sudden, thrust out his hand as an advance to reconciliation, which being cordially shaken by Peregrine, a general pacification ensued; and was followed by a consultation about the means of extricating the youth from his present perplexity.
I will not abide by the arbitrement of a Pope who has dared to affix a curse upon freedom. I will not so violate the principle which in these realms knits king and people, as to arrogate to my single arm the right to dispose of the birthright of the living, and their races unborn; nor will I deprive the meanest soldier under my banner, of the joy and the glory to fight for his native land.
Here he made an effort to speak, and propose an accommodation upon a new plan, by which he promised to leave his cause to the arbitrement of those gentlemen who were present at the rupture, and to ask pardon of the Count, provided he should be found guilty of a trespass upon good manners; but this proposal would not satisfy the implacable Ferdinand, who, perceiving the agony of the Swiss, resolved to make the most of the adventure, and giving him to understand he was not a man to be trifled with, desired him to draw without further preamble.
So that by the arbitrement, award and doome of those eight persons authorised thereto, a league was concluded vpon certeine articles of agreement, amongst the which the chiefest was, that the Saxons from thencefoorth should quietlie inioy all that part of Britaine which lieth fore against the Almaine seas, the same to be called euer after Engistlaund, and all the residue should remaine to the Britains as their owne rightfull and ancient inheritance.
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