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when he had perfourmed the nomber of blowes agreed vppon, the
advanntage was on his side, & for that reason ought not be a
Prisonner. wherto by the other was answered, that vppon
newe cause it was lawfull to violate the olde Capitulacion
& come to newe combatt, the rather because the occasion pro:
ceded from thennemie who called him traitor wch iniurie de:
serueth present revenge. And therfore seinge thennemie
had chardged him wth reproche the revenge therof ought
not be blameable. Therunto the vanquished did replie
that though by words he did iniurie him, yet ought he to
have repulsed the iniurie, & come to defiaunce before offending
wherby he might have bene more prepared for defence, then
by order of the Capitulacions he was, & thennemie ought
not vppon a newe quarrell offende before defiaunce, seinge
by order of the Emprease he stoode in securitie, & the nom:
ber of blowes were performed. Then the victorious
reioyned sayenge that the victored ought holde him selfe
defied because he called him traitor, while his sworde was
drawen, and therfore sholde looke for the assaulte present
ffor sithe he was provoked contrarie to the agrement
havinge weopon in hande, & moved therby to coller, reason
wolde that therwth answere sholde be made wthout further
delaie, and the rather because the maker of the Capitula:
tions did first breake them. The Iudge havinge harde
the reasons on either parte concluded That the touch of the
Emprease was a iuste cause of Combatt, & he that was called
traitor had true occasion of revenge against the iniurier, Not:
wthstanding yt were contrarie to the Capitulacions. ffor in
that case there nedeth not other defiaunce, because the challin:
ger did the iniurie, & theruppon it behoved the defender to
prepare to answere wthout defiaunce. ffor defiaunce is to
be loked for where the partie defied is not prepared, but
when they be both readie wth swords in hande, other defiaunce
is not to be required. And in this case it is to be noted that
the iniurie of beinge called traitor is such as aboue all other
reproches deserueth combatt. ffor the iniuried shold be repu:
ted as a traitor yf he did not revenge ye iniurie & might not wth:
out shame appeare in his Princes Cowrte but shold be amonge
all other gent professinge armes accompted vile & cowardlie.