Page:MS V.b.104 022r.png

the Iudgement of God is hidden, for wth reason, the vanqui:
shed in fighte ought not wth crueltie to be punished, and the
punishment wch for losse of battell he deserued must wth like
reason be mitigated. It is sometimes seene that men fighting
for iustice are vanquished, yea though the same vnder the
aide of iustice, and the sheilde of reason in their owne defence
be taken in hande, wherfore it cannot be coniectured, but that
suche hap proceedeth thorough great sinne and offence of
the vanquished. Touchinge this purpose we note one aunti:
ent proverbe in the decretall wch saith, olde sinnes causeth
newe repentannce in battell, and the vncerteintie and doubte of
victorie riseth, for that seldome is found two gentlemen of like
courage and force, of equall wisedome and skill infighte. Also it
often happeneth, that the battell is loste for lacke of good armes
and otherwhiles thoroughe crafte the more worthie person
is victored. And this opinion is founde written in manie aunti:
ente aucthorities. Fredericke the Emperor speakinge here:
of saith, It is no marveyll that the rightfull parte is
manie times overthrowne in battell, for (as before we saide)
the Iudgemente of God be lightlie hidden, thoughe moste
commonlye he that hath iustice is like to be victorious. And
for the vncerteintie of the victorie, the lawe willeth, that a
man beinge accused of murder, and intendinge to declare his
innocencye by combat against his accuser, though in that
case he become victored, yet deserueth he not to be behedded, for
the saie murder, but mitigatinge his ordinarie punishmts
shall have one hande cut off. ffor proof sheweth whosoever
hath moste reason is not ever victorious. But hereof we
will speak more at lardge.