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be Iudged by sommoe other. And this I saye vndr Correction
of all men at armes and Champions yf it be thought meete
that thease knights sholde goe to somm other place to determine
their battle as of like cases we will hereafter speake more
particularlie where we shall intreat of Appeales.

When the Prince that graunteth combatt
doth pardon the Uictored, & comman:
deth that he shall neither be slaine nor
prisoner. Whether the Uictorer maie
challenge his chardges & the Ualewe
of his prisonner at the Princes hande.

Ca. 39.

Beinge demaunded by an officer of
of [sic] armes whether a Prince takinge vppon him yt
Iudgement betwext two gentlemen at defiaunce & to declare
trulye their proceedinge in battle & the one havinge gained
victorie of the other wthin the listes. The Prince moved
wth Compassion permitteth not the victorer to enioye the vic:
tored as his prisonner, but to declare further pittie will have
the prisonner to be deliuered. The question is whether the
Prince in this case vsinge compassion & no iustice, be bound
to paye the gentleman victorious his Chardgs or not? ffor
as I have often saide the Prince holdeth place of a suffi:
cient Iudge, & therfore ought not nor cannot take awaye
the honnor of anie partie cheiflie when they be not his
owne subiects, & though they were, yet lawfullie he colde
not doe it though he mighte. The lawe of nature is subiect
to reason, therfore the Iustice of everie one is iustlie to be
oberued That Prince that proceedeth otherwise, shewth
tyrannie & iniustice. Therfore he ought to take heede of