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condemned as wicked & vniuste, for beinge come owt by misfor:
tune and not by the encounter of his ennemie nor his virtue,
or his owne disobedience havinge alredie gotten victorie
ought not to be condemned as victored, for that thextremy:
tie of wordes maye not be taken vnles by violence of the
ennemie he had happened to passe the appointed scope
Therfore in this case he ought not to be adiudged to lose
for asmuch as it was mischaunce and not the courage or force
of thennemie, who was before hurte and taken, and in
thrustinge him wth his sworde, thoroughe his owne
force and virtue in endinge the combatt the more to
his honnor Notwthstandinge the fall assuredlie he ought to
haue had the victorie.

When the penaltie is that who so passeth
the limitts shall not onlye be Vanquish:
ed but also lose his head, yf one against
his will doe passe whether he shalbe
punished. Ca. 17.

It hath bene discoursed that two gentlemen
at defiannce entred into the lysts for triall of battell
for lyfe and deathe to whom before their entrie in it
was prohibited by the Iudge that yf anye of them
sholde transgresse the appointed marke (besides that he
sholde be reputed as victored) sholde also loose his heade
It hapened that the one thorough violence doe drive the
other owte still kepinge him selfe wthin cravinge Iudgemt
of the Iudge in his favoure. The other driven owt denieth
the victorie, and therwthall beginneth to assaile his enne:
mye, who vnwares therof, thinkinge that thorough his
virtue he was forced to leave the lists, receaveth so sodein
a blowe as he falleth to the grounde, and beinge downe the
ennemie presenteth his knife to his throte, forcing him to
confesse to be his prisoner In this case it seemed dowtfull