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lengthe his intraills falleth and is forced to die, The Iudge
moved wth pitie offreth to parte them. he that remained on
the wounded horse suppozing him self victorious for havinge
beaten doune his ennemie, demaundeth his prisoner alledging
he had cast him downe by his force, and virtue, & so helde
him that by no meanes he coulde rescue him self. And whoso:
euer dooth ouerthrowe his ennemie ought of right to be victori:
ous. On the Contrairie parte it is answered that because he
had wonded his ennemies horse, so much as he coulde not depart
notwthstandinge he semed him self to be overcome at the firste
yet in thende he ought to be accompted victorious. The
Iudge determineth that the case shall stande doubtfull &
the battaill to begin againe anewe. he that was ouerthrowne
refuseth, the other praieth sentence. In this case the doubt is
not small what iudgement the Iudge ought to giue. wherin I
saye that definitiue sentence maye not be geven, because the
one and the other were in accion and disposition to fight, & that
thende ought to be attended. yet it semeth that sentence may
be pronounced consideringe all circumstauncs and blowes geven
before the Iudge offred to departe them. ffor that he remay:
ned on horsbacke, had the aduauntage of victorie havinge over:
throwne the other. And he that was ouerthrowne refuzinge
to retorne to his estate, and the other because he had ouerthro:
wne him, wolde not fighte againe, so neither of them can be iustlie
called victorious, and the Iudge havinge departed them, hath
geven his firste iudgemente, vnles it had bene declared, yt
the sholde fighte till either the one or the other were slaine
or yelded. In wch case he that was overthrowne ought to re:
torne to fighte or els be accompted victored. Therfore it is
to be marked, that when like case dooth happen in Combatt, the
Iudge sholde abide thende, so as either the one or the other be
slaine or yelded, as hereafter shalbe better declared, in thende
of this present booke. ffor in such cases the Iudge parting the
battell, proceedeth rather of Pittie then Iustice.