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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 con:
trarie 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 particu:
larlie 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 suppo:
zeth 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 vp:
pon 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