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Whether the fighters beinge in feilde
maye without Lycence of the Iudge
repent them. Ca. 16.

If two be come into the lystes to fighte for
lyffe, and after the combat begun, whether by commune con:
sente they maye repente them in the place, and fighte no more
or not, And thus leavinge battell vnended, whether the
Iudge maye suffer them to [?] the reste of the combat vnper:
formed or not. Master Baldo of Perugia saith that who so
hathe entred the lystes wth intent to fighte for life and death
yt booteth not afterwardes to repent, but shall performe ye
same to the ende. And the reason is that the common com:
moditie ought to be reguarded. In a combat triable by
force of Armes before the appointed iudge, it is requisite
the same be before him fullie ended, because beinge once ent:
red in the lists, and the battell beinge once begon in the pre:
sence of the iudge, it is not after in them to repent, but
are wholie at the devotion of the iudge. And this is to be
intended when the combatt is occationed, for somme heynous
offence, as murder treason, or somme other such like hidden
reason, wch necessarilie ought to be tried, and not to re:
maine doubtfull, vnles it be permitted by the Iudge to
repente, ffor otherwise then wth the Iudges consente, no
repentannce avayleth.

Finis.