Page:MS V.b.104 126v.png

reason of this knight vnhorsed geveth present sentence in the favour of him that was hurte. wthin a small while after this knight adiudged to victorie wch much bleedinge grewe weake & in the ende fell to the grounde as deade. By reason wherof the other against whome the iudgement was geven, complayned to the Iudge sayenge that vniustlie it was pronounced againste him as the deathe of thennemie declared. The Iudge answered that he sholde retorne to his former state & so determine the battle The condemned knight replied that the cause was ended by the weaknes of his hurte ennemie, & that him self remayninge in the feilde alive & stronge ought not to be condemned for vanquished. Nowe the question is whether the sentence of the Iudge was iuste or not? It may be answered that it was at the beginninge in his Choise to allowe or refuze that Iudge. Notwth standinge albeit the matter rested nowe in the discretion of the Iudge yet ought he not in matter of so great weighte so sodeinlie determine to the preiudice of any parte but sholde abide the verie ende so as non coulde have cause to complain for not attendinge the vttermost end of the combatt. The knight vnhorsed alleadged moreover that the Iudge did departe the fight when that he was in worse estate, and therfore in this case had declared (rather pittie then iustice & cheiflie in gevinge definitiue sentence. ffor a Iudge ought to have declared the estate of the battle in every pointe sayenge that for pittie sake he suffred them to fight no lenger, because in combat for liffe as I have often saide either death or deniall must determine the victorie, althoughe a thowsand woundes were before appeared This Iudgement therfore was not geven according to lawe but pittie, doubtinge least els death wolde ensue. The knight vnhorsed may also alleage that he refuzed to retorne into his former estate in battle because he had hurte the ennemie to the death and sawe him wthin the feilde to sounde, then beinge parted by the Iudge he was hardlie entreated beinge therby disabled to tende the Combatt. he might also require that in somme other place & before somme other Iudge he wolde retorne to fighte where better Iustice might be founde. In such case the Iudge shoulde make lres Patents notefienge therby in what sorte the matter had passed betwext the gentlemen so as in that sorte declaringe the cause & termes of the parted combatt for triall of truth & honnor of either partie, the same maye