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When in fight for liffe betwext two gentlemen the
one is vanquished yelded & taken & wth deniall craveth pardon of
liffe, of his taker who courteouslye graunteth therunto, yt is demaun:
ded whether this prisonner ought by the Iudge to be punished, for that at
his comminge to the feilde he swore yt to be true wch he tooke in hande
to defende. The opinion of divers knights is that grevouslie he
sholde be punished, and besides to be dishonnored wth all his pgenie
those excepte yt before that daye of battle were borne, yet somme
are of minde that he ought not to be iudged a traitor because
sometime treason against a wicked tiraunte, breaking all lawes
of devine & civill Iustice is sufferable, as was the deede of
that famous Capteine who tooke revenge of the woman adulte:
red, giving the ennemie leave to enter the contrie of his
infidell Prince, who was therby depriued of the crowne in
disdaine of infidelitie wch is no propertie of a gentleman, yet
in this case he shalbe noted of infamie, for not havinge performed
but fayled of that truste his Mr reposed in him. Notwthstan:
dinge he that was vanquished hath committed no treason although
in quarrell vniust he were overcome. But yf in quarrell
of treason he shold in this sorte yelde & wth his owne mouth
confesse him selfe a traitor, then the case were otherwise &
ought of treason to be condemned. Wch Iudgement hath also
place where any man hath betraied his contrie or Prince be:
cause then he ought also to be published as a traitor, wth all
his posteritie ever as erste I saide, exceptinge those that be:
fore that daye were lawfullie borne. wherfore it is to be noted
that in respecte of the othe to defende the truth & default therof
as periured that therfore only he shalbe iudged a traitor. ffor
yt such othe cannot make the offence more grevous then of nature
it is, neither can that offence be converted into treason, when
therin is no kinde of treason at all. Neither sholde the pun:
ishment of the faulte be altered or increased, for that the
defender wolde dyfende it. And albeit thorough force of
armes (as is before saide) it was confessed, yet the triall by
combatt for liffe is manie times doubtfull & not ever true
yea it is proved by manie aucthorities and auntient writers
that somme in rightfull quarrells have bene vanquished, for
God sometimes dooth permitt the same for other synnes, & not
the faulte wheruppon they fighte. Albeit that this man hath