When the Iudge departeth the combatt for pittie or other cause, not attendinge the ende. whether anie of the fighters maie complaine.
Ca. 37.
The Iudge moued wth pittie parteth a cowple of gent fightinge wthin the lists, the one alleageth that at such time as the staffe was put downe he was in greate hope of victorie havinge his ennemie at much advauntage, who forthwth answered to the contrarie saienge that for manie respects he might have bene victorious, yf the ende had bene sene, for in matters doubtfull manie times it happeneth contrarie to expectacion. It is demaunded what sentence the Iudge ought to give seinge neither partie was overcom nor victorious It was answered as was before that the state of the battle must be considered, as it was at the time of the staffe put downe and as the fighters had behaved them selves till the time that the Iudge was moued to depart them, & so particularlie to declare the same, alleadginge whie he did departe them. Also it must be published that for pittie the Iudge did departe them. Also it must be published because in battle for life the fighters ought not hastelie to be parted for that it wolde be offensive to either parte & vniuste by reason that he who findeth him selfe in good estate suppozeth to have cause to complaine of the Iudge, sayenge that the Iudge shole tarie the ende of the victorie wch he easely might attaine vnto. The other in worse estate might replie saienge they might have bene parted when his estate was better, and therfore the Iudge staienge till his ennemie had the advauntage he semeth to shewe partialitite. wherfore the cause importinge dishonnor wch is, when men fight vppon case of treason murder faith broken falshood or other crime, the Iudge not sufferinge the manifestacion committed great error, for then he ought to attende the ende & in no wise to departe, for els it sholde be crueltie & no pittie for
