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Difference between revisions of "Page:MS V.b.104 107r.png"
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| − | saide that he ought to haue iudgement on his side, because he | + | saide that he ought to haue iudgement on his side, because he |
| − | had cast his ennemie owt of the lists, & so the feilde | + | had cast his ennemie owt of the lists, & so the feilde remained |
| − | + | to him alone. Wherunto it was answered in the behalf | |
| − | + | of him that was vnhorsed, that notwthstanding he | |
| − | was first ouerthrowne, yet seinge that his ennemie was | + | was first ouerthrowne, yet seinge that his ennemie was |
| − | also at length cast downe hurt & deade he might not | + | also at length cast downe hurt & deade he might not |
| − | lawfullie be reputed as victored. To this allegacion was | + | lawfullie be reputed as victored. To this allegacion was |
| − | replied that he fell wthin the lists, and that not thorough | + | replied that he fell wthin the lists, and that not thorough |
| − | the virtue of him that was firste cast owte, but the violence | + | the virtue of him that was firste cast owte, but the violence |
| − | of the horse. And therfore the honnor cannot be | + | of the horse. And therfore the honnor cannot be attributed |
| − | + | to him, though his ennemie died. Also whosoeuer is | |
| − | once cast owte of the lists, sholde be accompted as | + | once cast owte of the lists, sholde be accompted as vanquished |
| − | + | and maye not retorne to fight. But to answer | |
| − | this reason it was saide, that albeit he were cast owt of | + | this reason it was saide, that albeit he were cast owt of |
| − | the lists yet he retorned spedelie thither, laide holde of | + | the lists yet he retorned spedelie thither, laide holde of |
| − | his horse, & was readie to ronne againe, also he was in the | + | his horse, & was readie to ronne againe, also he was in the |
| − | ende alive, but the other deade, & therfore sholde be victorious | + | ende alive, but the other deade, & therfore sholde be victorious |
| − | But hereto it was forthwth answered, that who so euer is | + | But hereto it was forthwth answered, that who so euer is |
| − | first downe & driven owte of the lysts he maie not | + | first downe & driven owte of the lysts he maie not afterwardes |
| − | + | retorne to fight nor claime victorie. Nevertheles | |
| − | he that remained aliue ceased not to alleadge yt | + | he that remained aliue ceased not to alleadge yt notwthstandinge |
| − | + | he had bine driuen owt of the lists, yet havinge slaine | |
| − | his ennemie he ought to be victorious. In this case the Iudge | + | his ennemie he ought to be victorious. In this case the Iudge |
| − | shall soberlie consider whether he yt was laste ouerthrowne | + | shall soberlie consider whether he yt was laste ouerthrowne |
| − | and had broken his legge will presentlie die or not. ffor yf | + | and had broken his legge will presentlie die or not. ffor yf |
| − | he dooth die, then ought he assuredlie to be adiudged as | + | he dooth die, then ought he assuredlie to be adiudged as victored, |
| − | + | but yf he happelie lieth doubtfull of life, then iudgemt | |
| − | shalbe so longe delaied, and yf he dooth in thende recouer his | + | shalbe so longe delaied, and yf he dooth in thende recouer his |
| − | hurte & liue, yet shall he perhapps seme to deserue leaste | + | hurte & liue, yet shall he perhapps seme to deserue leaste |
| − | honnor because he receaved the greatest harme, but it might | + | honnor because he receaved the greatest harme, but it might |
| − | be answered, that that harme pceeded not of thennemies | + | be answered, that that harme pceeded not of thennemies |
| − | virtue, neither did he fall thorough violence of his person | + | virtue, neither did he fall thorough violence of his person |
| − | but the force of a horse. And therfore he cannot deserue | + | but the force of a horse. And therfore he cannot deserue |
| − | the commendacion. Wch reasons so doubtfull I refer to the | + | the commendacion. Wch reasons so doubtfull I refer to the |
| − | resolution of a more skillfull Iudge. | + | resolution of a more skillfull Iudge. ~ . ~ . ~ . ~ . |
Latest revision as of 23:34, 21 May 2021
saide that he ought to haue iudgement on his side, because he had cast his ennemie owt of the lists, & so the feilde remained to him alone. Wherunto it was answered in the behalf of him that was vnhorsed, that notwthstanding he was first ouerthrowne, yet seinge that his ennemie was also at length cast downe hurt & deade he might not lawfullie be reputed as victored. To this allegacion was replied that he fell wthin the lists, and that not thorough the virtue of him that was firste cast owte, but the violence of the horse. And therfore the honnor cannot be attributed to him, though his ennemie died. Also whosoeuer is once cast owte of the lists, sholde be accompted as vanquished and maye not retorne to fight. But to answer this reason it was saide, that albeit he were cast owt of the lists yet he retorned spedelie thither, laide holde of his horse, & was readie to ronne againe, also he was in the ende alive, but the other deade, & therfore sholde be victorious But hereto it was forthwth answered, that who so euer is first downe & driven owte of the lysts he maie not afterwardes retorne to fight nor claime victorie. Nevertheles he that remained aliue ceased not to alleadge yt notwthstandinge he had bine driuen owt of the lists, yet havinge slaine his ennemie he ought to be victorious. In this case the Iudge shall soberlie consider whether he yt was laste ouerthrowne and had broken his legge will presentlie die or not. ffor yf he dooth die, then ought he assuredlie to be adiudged as victored, but yf he happelie lieth doubtfull of life, then iudgemt shalbe so longe delaied, and yf he dooth in thende recouer his hurte & liue, yet shall he perhapps seme to deserue leaste honnor because he receaved the greatest harme, but it might be answered, that that harme pceeded not of thennemies virtue, neither did he fall thorough violence of his person but the force of a horse. And therfore he cannot deserue the commendacion. Wch reasons so doubtfull I refer to the resolution of a more skillfull Iudge. ~ . ~ . ~ . ~ .
