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reason of this knight vnhorsed geveth present sentence in the
favour of him that was hurte. wthin a small while after
this knight adiudged to victorie wch much bleedinge grewe
weake & in the ende fell to the grounde as deade. By reason
wherof the other against whome the iudgement was geven, complay:
ned to the Iudge sayenge that vniustlie it was pronounced aga:
inste him as the deathe of thennemie declared. The Iudge answe:
red that he sholde retorne to his former state & so determine the
battle The condemned knight replied that the cause was ended
by the weaknes of his hurte ennemie, & that him self remay:
ninge in the feilde alive & stronge ought not to be condemned for
vanquished. Nowe the question is whether the sentence of the
Iudge was iuste or not? It may be answered that it was at the
beginninge in his Choise to allowe or refuze that Iudge. Notwth
standinge albeit the matter rested nowe in the discretion of
the Iudge yet ought he not in matter of so great weighte so
sodeinlie determine to the preiudice of any parte but sholde
abide the verie ende so as non coulde have cause to complain
for not attendinge the vttermost end of the combatt. The knight
vnhorsed alleadged moreover that the Iudge did departe the fight
when that he was in worse estate, and therfore in this case
had declared (rather pittie then iustice & cheiflie in gevinge
definitiue sentence. ffor a Iudge ought to have declared the
estate of the battle in every pointe sayenge that for pittie
sake he suffred them to fight no lenger, because in combat for liffe
as I have often saide either death or deniall must determine the
victorie, althoughe a thowsand woundes were before appeared
This Iudgement therfore was not geven according to lawe but
pittie, doubtinge least els death wolde ensue. The knight vn:
horsed may also alleage that he refuzed to retorne into his former
estate in battle because he had hurte the ennemie to the death
and sawe him wthin the feilde to sounde, then beinge parted by the
Iudge he was hardlie entreated beinge therby disabled to tende
the Combatt. he might also require that in somme other
place & before somme other Iudge he wolde retorne to fighte
where better Iustice might be founde. In such case the Iudge
shoulde make lres Patents notefienge therby in what sorte
the matter had passed betwext the gentlemen so as in that
sorte declaringe the cause & termes of the parted combatt
for triall of truth & honnor of either partie, the same maye