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lengthe his intraills falleth and is forced to die, The Iudge moved wth pitie offreth to parte them. he that remained on the wounded horse suppozing him self victorious for havinge beaten doune his ennemie, demaundeth his prisoner alledging he had cast him downe by his force, and virtue, & so helde him that by no meanes he coulde rescue him self. And whosoeuer dooth ouerthrowe his ennemie ought of right to be victorious. On the Contrairie parte it is answered that because he had wonded his ennemies horse, so much as he coulde not depart notwthstandinge he semed him self to be overcome at the firste yet in thende he ought to be accompted victorious. The Iudge determineth that the case shall stande doubtfull & the battaill to begin againe anewe. he that was ouerthrowne refuseth, the other praieth sentence. In this case the doubt is not small what iudgement the Iudge ought to giue. wherin I saye that definitiue sentence maye not be geven, because the one and the other were in accion and disposition to fight, & that thende ought to be attended. yet it semeth that sentence may be pronounced consideringe all circumstauncs and blowes geven before the Iudge offred to departe them. ffor that he remayned on horsbacke, had the aduauntage of victorie havinge overthrowne the other. And he that was ouerthrowne refuzinge to retorne to his estate, and the other because he had ouerthrowne him, wolde not fighte againe, so neither of them can be iustlie called victorious, and the Iudge havinge departed them, hath geven his firste iudgemente, vnles it had bene declared, yt the sholde fighte till either the one or the other were slaine or yelded. In wch case he that was overthrowne ought to retorne to fighte or els be accompted victored. Therfore it is to be marked, that when like case dooth happen in Combatt, the Iudge sholde abide thende, so as either the one or the other be slaine or yelded, as hereafter shalbe better declared, in thende of this present booke. ffor in such cases the Iudge parting the battell, proceedeth rather of Pittie then Iustice.