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the greatest reason? wherto it maye be saide, that till such time as the Iudge did departe them, it semeth plaine yt he that stoode vppon his ennemie had thaduauntage of victorie, yea thoughe the sworde were broken before. ffor pffe wherof it is written in a certeine cronicle of one who havinge in fighte lost his sworde closed sodenlie wth his ennemie, & takinge holde of his privie member, enforced him thorough extreme paine to yelde him self his prisoner. In a like case wee reade of one that overreached so far wth his blowe, that thennemie entred in & got the victorie It is reported of one other having like aduauntage did so sore oppresse his ennemie by kneelinge vppon him that he died forthwth. It hapened in Padoa that one kneelinge vppon his ennemy enforced him wth his owne mowth, to confesse him ^self yelde. In thease & such like cases it is seene, that by force wthout weopon victorie may be obteined, yea there wants not somme that wth their strenghes ^only have gained victorie. yet the lawe determineth that who so yeldeth to his ennemie, shalbe in case wth him that is overcome. The constitucion of Federico willeth that champions fightinge for their lordes ought beinge oppressed to defende them selues by their teeth. ffor wch reasons it semeth that at what time that the Iudge did departe them he that helde his ennemie vnder was victorious. Therfore the fault in this case committed proceeded from the Iudge, who ought to attende thende of the Combatt, & the rather because the swordes beinge broken no slaughter coulde be committed. But resolute iudgmente coulde not lawfullie be geven, for yt he that was holden vnder might perchaunce have recouered him selfe, the Iudge sholde then in departinge them declare the aduauntage that was gained by him that was aboue & therwthall confesse his owne faulte in not tarieng thende of the battle. ~ . ~ .