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to passe owte wth one foote yt shall not be imputed to his preiudice, and thus disputinge the matter the whole daye was fullie ended. The doubt in this case arose what sentence ye Iudge ought to pronounce, the daye beinge nowe paste, the battell not otherwise ended, nor he that was holden downe recouered. If the Iudge sholde determine the combat, he might happelie doe wronge, yf not, he sholde adiorne it vntill the next daye wch coulde not be done wthout assent of the parties If he sholde continue it presentlie then needlie must it be perfourmed in the nighte wch is not the vse in armes, nor alloweable. It semeth therfore the Iudgement ought to remaine to the discretion of the parties, & either to begin againe the next daye, or els to sett them in that estate they were in at their departure, or giue sentence accordinge to thestate of the conflict recitinge in order the chaunces happened. In this case yf perhapps the Iudge wolde giue definitive sentence against him that wth one foote a little transgressed the lists holding his ennemie still downe, yt semeth that he sholde doe contrarie to reason. ffor it is to be intended that he only that by fall or force of thennemie passeth the boundes, sholde receive preiudice therby, & none other, excepte that custome did otherwise teache. ffor holding his ennemie downe me thinks thoughe he passed the lists, it cannot be saide yt he was distressed or vanquished or yt he had lost the victorie. But on the Contrarie parte he yt was holden downe so as he coulde not recouer his libertie semeth for the time to be victored, for the daye beinge ended he founde him selfe distressed & holden. But to conclude yf it happened that the Challinger were he that was in this sorte holden downe all the daye, then assuredlie he ought to be reputed as vanquished, because that the daye beinge ended he had not obteined victorie, but was overthrowne taken & oppressed. And yf it hapened that it were te defender yet sholde not he be thought to loose the victorie, because it might be yt he might recover libertie. And the nature of Combat for lief is, that iudgement shall not be published till the one or the other be slaine or yelded But in all other challendgs he yt had ye aduauntage shall have ye honnor & commendacion thoughe not full victorie, & the Iudge shall make full relation of all their pcedings.