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the feilde. hereuppon the hurte man who still remained wthin the
liste desired definitive iudgemente in his owne favour, wch in respecte
of his ennemies disobedience and fleinge was Due. Besides all that
sith vndr the protection of the Prince & disarmed he was hurte
the ennemie ought to be pronounced a traitor vnto wch alle:
gacion by him that was fled, it was answered, that the staffe of
the Prince ought to be put downe at such time as both the fighters
commodiouslie might see it, wch at that present was not, for that
his horse was then in advaunsinge, wherby he could not perceave
the prohibition of the Prince, nor the puttinge downe of the
staffe, wherfore havinge vnwares hurt his ennemie, he ought
neither for treason nor disobedience to be punished, no nor for fleinge
owt of the lists to lose his honnor, seinge the same was done to
giue place vnto his Princes Ire. ffor that it is commaunded by
the devine commaundement, that all men sholde eschue the anger
of their offended Prince, wch happeneth manie times thorough
falce information and therby the due proceeedinge of Iustice
disordered. ffor a Prince ought to punish the offenders in
Patience & not in offence, otherwise the same sholde not be
iustice but rather crueltie whosoeuer therfore flieth the
angrie countenaunce of his Prince shewth therby a signe of
force & obedience. All wch considered it maye appeare that
constrained and wth protestacion vnwillinglie he abandoned
the lists and therfore wthout preiudice of honnor or losse
of the same yt sholde be adiudged. By sentence of many
knightes it was determined, that he who alleadged not to
se the Princes staffe sholde be sworne thervnto, and yf
according to his allegacions he affirmed the same by othe
That then notwthstandinge the presumptions to the contrarye
he sholde be acquited both of treason & losse of honnor, though
in deede he had forsaken the lists. ffor by Iustinian the
Emperor a lawe was made, & confirmed by the Pope, that
whatsoeuer Emperor kinge Prince or other Potentate, wch
commaunded his officers to exequute any subiect sodeinlie
that the same officer sholde not perfourme nor obey the same
inconsiderate commaundemente, but sholde staye thexecution
for xxty daies in wch time it were likely that the Ire of that
Prince sholde cease, & therfore it were meete in this case
a staye to be taken, ffor we reade in the Romaine histories