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to passe owte wth one foote yt shall not be imputed to his pre:
iudice, and thus disputinge the matter the whole daye was
fullie ended. The doubt in this case arose what sentence ye
Iudge ought to pronounce, the daye beinge nowe paste, the
battell not otherwise ended, nor he that was holden downe re:
couered. If the Iudge sholde determine the combat, he might
happelie doe wronge, yf not, he sholde adiorne it vntill the
next daye wch coulde not be done wthout assent of the parties
If he sholde continue it presentlie then needlie must it be per:
fourmed in the nighte wch is not the vse in armes, nor allowe:
able. It semeth therfore the Iudgement ought to remaine to
the discretion of the parties, & either to begin againe the next
daye, or els to sett them in that estate they were in at their
departure, or giue sentence accordinge to thestate of the conflict
recitinge in order the chaunces happened. In this case yf
perhapps the Iudge wolde giue definitive sentence against
him that wth one foote a little transgressed the lists holding
his ennemie still downe, yt semeth that he sholde doe contra:
rie to reason. ffor it is to be intended that he only that by
fall or force of thennemie passeth the boundes, sholde re:
ceive preiudice therby, & none other, excepte that custome
did otherwise teache. ffor holding his ennemie downe me
thinks thoughe he passed the lists, it cannot be saide yt
he was distressed or vanquished or yt he had lost the vic:
torie. But on the Contrarie parte he yt was holden downe
so as he coulde not recouer his libertie semeth for the time to
be victored, for the daye beinge ended he founde him selfe
distressed & holden. But to conclude yf it happened that
the Challinger were he that was in this sorte holden downe
all the daye, then assuredlie he ought to be reputed as vanqui:
shed, because that the daye beinge ended he had not obteined
victorie, but was overthrowne taken & oppressed. And yf
it hapened that it were te defender yet sholde not he be
thought to loose the victorie, because it might be yt he might
recover libertie. And the nature of Combat for lief
is, that iudgement shall not be published till the one
or the other be slaine or yelded But in all other challendgs he
yt had ye aduauntage shall have ye honnor & commendacion thoughe
not full victorie, & the Iudge shall make full relation of all their pcedings.