be Iudged by sommoe other. And this I saye vndr Correction of all men at armes and Champions yf it be thought meete that thease knights sholde goe to somm other place to determine their battle as of like cases we will hereafter speake more particularlie where we shall intreat of Appeales. ~ . ~ .
When the Prince that graunteth combatt doth pardon the Uictored, & commandeth that he shall neither be slaine nor prisoner. Whether the Uictorer maie challenge his chardges & the Ualewe of his prisonner at the Princes hande.
Ca. 39.
Beinge demaunded by an officer of of [sic] armes whether a Prince takinge vppon him yt Iudgement betwext two gentlemen at defiaunce & to declare trulye their proceedinge in battle & the one havinge gained victorie of the other wthin the listes. The Prince moved wth Compassion permitteth not the victorer to enioye the victored as his prisonner, but to declare further pittie will have the prisonner to be deliuered. The question is whether the Prince in this case vsinge compassion & no iustice, be bound to paye the gentleman victorious his Chardgs or not? ffor as I have often saide the Prince holdeth place of a sufficient Iudge, & therfore ought not nor cannot take awaye the honnor of anie partie cheiflie when they be not his owne subiects, & though they were, yet lawfullie he colde not doe it though he mighte. The lawe of nature is subiect to reason, therfore the Iustice of everie one is iustlie to be oberued That Prince that proceedeth otherwise, shewth tyrannie & iniustice. Therfore he ought to take heede of
