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but rather punished as a traitor. On the contrarie side it may be saide, that because he that liueth had lefte his ennemie deade in the feilde he ought therfore to be accompted victorious, for in combat it happeneth manie times that a man semeth victored, and yet at laste becommeth victorious, and in all battells thede ought to be respected, & not the speach that passeth during the fighte. A mans wordes contrarie to his deedes doe not give victorie, for yf at one instaunt I saye I yelde and also strike mine ennemie my wordes are not such as binds me victored because they were spoken duringe mine accion both in defence of my self & offence of mine ennemie wheruppon Mr Angelo de Perugia determineth yf he that was holden downe did giue the wonde to him that died wth out pawsinge or aspectinge for answere, betwext his wordes & the time of his stroke, that then he maye be iustlie reputed victorious, but yf uppon his yeldinge wordes, he were lett lose & his confession accepted, and that the other that did distresse him had somwhat retired him self saieng he was contented to vnlose him. In that case he that was distressed coulde not iustlie offende his ennemie, because he had alredie yelded him selfe. But yf wthout staye, wth his yeldinge wordes he did also strike attending none answere then it sholde seme the saide wordes were spoken wthout anye intente to yelde, because all at once he stroke & slewe his ennemie, and the wordes were not answerable to his deedes ffor wch cause he remaininge in feelde alive ought to be victorious. The deedes & not the wordes voyde of effecte ought to be respected as ofttimes it happeneth a man to saye one thinge & doe an other. But yf a man beinge overthrowne saith I yelde my self a prisoner, & theruppon let lose and after sleeth his ennemie he shalbe reputed a traitor. Therfore it is requisite that the Iudge wth sober consideracion doe reguarde what sentence he geveth in those cases that doe concerne the honnor & liffe of such gent as for savetie of fame & defence of reputacion doe offer them selues to this triall as desirous to liue wthout reproch in the favour and grace of their prince or soueraigne and vnsuspected amonge all nobilitie. Therfore having in this case made promise the one to the other either