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Not vnlike to that case where diuers doe presse to winne one pry:<br/>
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Not vnlike to that case where diuers doe presse to winne one prysoner,
soner, he that can first laie hande vppon him ought of right to<br/>
+
he that can first laie hande vppon him ought of right to  
enioye him. But this case dooth not prove ours, because by<br/>
+
enioye him. But this case dooth not prove ours, because by  
the Emperiall lawe, he is iudged to the victorie that geveth<br/>
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the Emperiall lawe, he is iudged to the victorie that geveth  
the firste wounde, and the victorie is adiudged from time of the<br/>
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the firste wounde, and the victorie is adiudged from time of the  
wounde geven & not by the howre of death. Therfore con:<br/>
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wounde geven & not by the howre of death. Therfore consideringe
sideringe that he who stoode aboue receaved the first wonde<br/>
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that he who stoode aboue receaved the first wonde  
the other recoueringe his libertie therby hath gained somme<br/>
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the other recoueringe his libertie therby hath gained somme  
honnor by deliueringe him selfe from thennemies hande. This<br/>
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honnor by deliueringe him selfe from thennemies hande. This  
doubt maye also be determined by order in armes wch wil<br/>
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doubt maye also be determined by order in armes wch wil  
leth that he that dieth firste shalbe victored, because the<br/>
+
leth that he that dieth firste shalbe victored, because the  
feilde is his that remaineth aliue. And in case they die both<br/>
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feilde is his that remaineth aliue. And in case they die both  
wthout the lysts he that either dieth firste, or that first wth:<br/>
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wthout the lysts he that either dieth firste, or that first wthout
out leave goeth owte of the lysts ought to be victored. If in one<br/>
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leave goeth owte of the lysts ought to be victored. If in one  
moment they chaunce to die bothe wthin the lists then the<br/>
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moment they chaunce to die bothe wthin the lists then the  
Challinger shalbe iudged as victored, because he hath no pro:<br/>
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Challinger shalbe iudged as victored, because he hath no provoked
voked him whome he proffered by othe to offende, but is by<br/>
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him whome he proffered by othe to offende, but is by  
the defender slaine him selfe who hath therby saued his<br/>
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the defender slaine him selfe who hath therby saued his  
honnor. If both of them doe die the one wthin the lists<br/>
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honnor. If both of them doe die the one wthin the lists  
the other wthout, he semeth to deserue the victorie that dieth<br/>
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the other wthout, he semeth to deserue the victorie that dieth  
wthin thoughe he happelie dieth firste, by reason he remay:<br/>
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wthin thoughe he happelie dieth firste, by reason he remayned
ned wthin the feilde, and before he died beholde his ennemie<br/>
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wthin the feilde, and before he died beholde his ennemie  
throwne owte, yet for that a deade man cannot at anie time<br/>
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throwne owte, yet for that a deade man cannot at anie time  
be thought victorious, this rule semeth not altogether Clere<br/>
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be thought victorious, this rule semeth not altogether Clere  
therfore I remitt the same to the idgements of more skill:<br/>
+
therfore I remitt the same to the idgements of more skillfull
full doctors to discusse it wth stronge reason.<br/>
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doctors to discusse it wth stronge reason. ~ . ~ . ~ .
<br/>
+
Off two knightes agreed to fighte on<br/>
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''Off two knightes agreed to fighte on Horsbacke the one dismounteth & sleath his ennemie. Whether he oughte to be Victorious. ~. ~. ~. ~''
Horsbacke the one dismounteth &<br/>
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sleath his ennemie. Whether he oughte<br/>
+
''Ca. 3.''
to be Victorious.<br/>
 
<br/>
 
Ca. 3.
 

Revision as of 01:07, 12 February 2021

This page has been proofread, but needs to be validated.

Not vnlike to that case where diuers doe presse to winne one prysoner, he that can first laie hande vppon him ought of right to enioye him. But this case dooth not prove ours, because by the Emperiall lawe, he is iudged to the victorie that geveth the firste wounde, and the victorie is adiudged from time of the wounde geven & not by the howre of death. Therfore consideringe that he who stoode aboue receaved the first wonde the other recoueringe his libertie therby hath gained somme honnor by deliueringe him selfe from thennemies hande. This doubt maye also be determined by order in armes wch wil leth that he that dieth firste shalbe victored, because the feilde is his that remaineth aliue. And in case they die both wthout the lysts he that either dieth firste, or that first wthout leave goeth owte of the lysts ought to be victored. If in one moment they chaunce to die bothe wthin the lists then the Challinger shalbe iudged as victored, because he hath no provoked him whome he proffered by othe to offende, but is by the defender slaine him selfe who hath therby saued his honnor. If both of them doe die the one wthin the lists the other wthout, he semeth to deserue the victorie that dieth wthin thoughe he happelie dieth firste, by reason he remayned wthin the feilde, and before he died beholde his ennemie throwne owte, yet for that a deade man cannot at anie time be thought victorious, this rule semeth not altogether Clere therfore I remitt the same to the idgements of more skillfull doctors to discusse it wth stronge reason. ~ . ~ . ~ .

Off two knightes agreed to fighte on Horsbacke the one dismounteth & sleath his ennemie. Whether he oughte to be Victorious. ~. ~. ~. ~

Ca. 3.