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Page:MS V.b.104 034v.png
When th fighers doe passe the Limitts
& retorne in againe what is to be saide.
Ca. 7.
Two gentlemen determined to fighte
for lyfe and deathe do cause the Iudge to
appointe the place of battle, where before they ioyne, pro:
clamation is made for the greater honnor, that he that
passeth owte of the marked lists appointed, sholde be
iudged to lose the combatt. It happeneth that thorough
violence and force in fighte they passe all the saide mrks
and sodinlie retorne into the place againe. In this case
it is to be demannded of the Iudge wch of them oughte
to winne or lose the battle. wherto it is to be answe:
red that for reason of equalitie, the Iudgement shalbe
to bothe alike, for that both the one and the other wente
owte and retorned againe. And forasmuch as they re:
couered in the place incontinentlie, they declare to have
made amendes for their goinge owte. Therfore the
combat begonne shall ende onlye when the one or the
other by force and manhoode of thennemie is oppressed
and not by a litle transgressinge the marke by force of
thennemies blows, wherby proceeded not any great disho:
nour in armes, for seinge boothe parties alike have passed
the marke, they are both worthie like punishmente.
But the sentence is to be geven of the one for transgres:
sion and not of booth, for that of force the one muste be
victorious, & the other victored.