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When in fight for liffe betwext two gentlemen the one is vanquished yelded & taken & wth deniall craveth pardon of liffe, of his taker who courteouslye graunteth therunto, yt is demaunded whether this prisonner ought by the Iudge to be punished, for that at his comminge to the feilde he swore yt to be true wch he tooke in hande to defende. The opinion of divers knights is that grevouslie he sholde be punished, and besides to be dishonnored wth all his pgenie those excepte yt before that daye of battle were borne, yet somme are of minde that he ought not to be iudged a traitor because sometime treason against a wicked tiraunte, breaking all lawes of devine & civill Iustice is sufferable, as was the deede of that famous Capteine who tooke revenge of the woman adultered, giving the ennemie leave to enter the contrie of his infidell Prince, who was therby depriued of the crowne in disdaine of infidelitie wch is no propertie of a gentleman, yet in this case he shalbe noted of infamie, for not havinge performed but fayled of that truste his Mr reposed in him. Notwthstandinge he that was vanquished hath committed no treason although in quarrell vniust he were overcome. But yf in quarrell of treason he shold in this sorte yelde & wth his owne mouth confesse him selfe a traitor, then the case were otherwise & ought of treason to be condemned. Wch Iudgement hath also place where any man hath betraied his contrie or Prince because then he ought also to be published as a traitor, wth all his posteritie ever as erste I saide, exceptinge those that before that daye were lawfullie borne. wherfore it is to be noted that in respecte of the othe to defende the truth & default therof as periured that therfore only he shalbe iudged a traitor. ffor yt such othe cannot make the offence more grevous then of nature it is, neither can that offence be converted into treason, when therin is no kinde of treason at all. Neither sholde the punishment of the faulte be altered or increased, for that the defender wolde dyfende it. And albeit thorough force of armes (as is before saide) it was confessed, yet the triall by combatt for liffe is manie times doubtfull & not ever true yea it is proved by manie aucthorities and auntient writers that somme in rightfull quarrells have bene vanquished, for God sometimes dooth permitt the same for other synnes, & not the faulte wheruppon they fighte. Albeit that this man hath