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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 victo:
red, 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 re:
puted 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 dist:
ressed 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 victo:
rious. 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 overthro:
wne 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 considera:
cion 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