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to the Iudge whether he ought to be victorious or not? and somme
saide no for that he was once driven out of the lyste, and therby
losing the feilde he remayned as victored, so as after he might not
wth reason offende nor assaile his ennemie who in deede had
alredie gained the feilde. And therfore for the chardge geven
by him that had thus loste the feilde he ought to be punished as
a traytor On the contrarye parte it is answered, that in
respecte the battle was not then ended, beinge as it weare for
life and deathe, wherin beinge overthrowne, and the other not
the one flienge, the other pursuinge in case that the flier doe reco:
ver, notwthstandinge his former yeldinge, yet appearinge no
manifest signe of losse, yt shall suffize yt at length he van:
quished his ennemye. And this example was alleadged of a
Capteine who losinge manye soldiers, yet in thende wth his
virtue beinge victorious was iudged to the honnore of victorie
Therfore thende ought ever to be respected, for he is victorious
that at thende obteyneth victorie, and this is the sentence of
this chaunce, wherto Vigetio de re militari accordeth sayeng
that wheras one parte of an armie is overthrowen, yet the
reste thorough the virtue of the capteine maye come to vic:
torie, ffor Romulus seminge to flie wth his hoste, became to
winne the daye of his ennemie, and Hannibal in retiringe
overthrewe the Romaines. Semiramis qwene of Babilonia
makinge wise to flie kinge Cyrus of Persia moste coura:
giouslie in thende did winne the daye. And likewise other
capteins beinge discomforted, and turninge their faces have not
wthstandinge in thende obteyned victorie. Therfore retorning
to or purpose I saye yt he yt was thrust out of the lysts so:
deinlie recoveringe him selfe, cannot for yt cause only be repu:
ted as victored, because his speedie retorne might excuse him
and iudgement attend to thende of the combatt. Then ought
he desruedlie to be victorious to whome no offence of trea:
son can be imputed having offended & hurte his ennemie
ffor the combat was never fullie ended, and so accordinge
to righte may be iudged victorious.