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Prisoner. Therfore the hurte man beinge in lyffe & kepinge
his ennemie bounde, thoughe fortwth he died, yet ought he not
to lose his prisoner, but he shall remaine to the Capteine of
the feilde or els to his companions in armes or to the successors
of him that died, who had in bandes distressed him. So in lyke
manner in this case seinge he that liueth was bounde & notwth:
standinge his ennemies death is so lefte to his Successors. Also
this reason of greatest importaunce remayneth that he that was
in this sorte once bounde might easelie haue bene slaine because
his liffe was in his handes that bounde him. And he is ever
adiudged victorious that firste killeth his ennemie. On the
other parte in favour of him that remaineth in lyfe yt may be
answered, that before he became bounde, he so sore wounded his
ennemie, that he was as it were in his possession, & coulde not
longe resiste in Combatts for life & death, the iudgement
ought not to be geven till either the one or the other be slaine or
yelded. And although this man on liue were bounde hande
& foote, yet sith he was neither slaine nor yelded, he coulde
not be iudged to be victored because the feilde was lefte to
him liuinge, and so sone as he founde him selfe vnbounde he
might lawfullie saye, that he had hurte his ennemie to the
death, because the lawe saith, that at what time a mortall
wounde is geven, he yt receaved the same is reputed as deade
ffor wch respects it maye be iustlie saide that he that
liueth ought to be victorious. But yf percase thease
reasons doe not suffize for this contentacion yet let this
be allowed. That notwthstandinge a man be bounde in com:
bat yet yf be neither deade nor yelded he cannot be iudged
as victored, because bindinge suffizeth not. And order of
fighte is yf he that remaineth wthin the lists aliue shall
be victorious.