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the Iudgement of God is hidden, for wth reason, the vanquished 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 auntient 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 auntiente aucthorities. Fredericke the Emperor speakinge hereof 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.