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Page:MS V.b.104 146r.png
Earle firste, or performe his [?] promise, either els put him
selfe to the discretion of the Iudge.
Of one that Uanquished his ennemie in
combatt upon Emprease, wth armes
more lighte then was agreed vppon whe:
ther he oughte be Uictorious.
Ca. 30.
It may be affirmed he ought not to have the honnor
of combatt.fforasmuch as it was capitulated betwext
the fighters that the combat sholde be performed wth equall
armes. Also, as hath heretofore bene saide, such as doe
fight for emprease or honnor ought not to take advantage
either in weopon or enie other waye, as may those yt fighte
for life, to whome is permitted the vse of all frawde or
deceipte. I saye therfore that the bearer of the Emprease
havinge set downe the Condicions, yf he knewe the ad:
vauntage that his aduersarie vsed then, although he were
victored, yet ought he not in enye wise complaine. But
yf he were not aware of any such crafte deceipt or ad:
vauntage of the ennemye he maye lawfullie complaine
therof for it is no reason that thennemie sholde by such sleight
& secret crafte carrie the victorie. yet in this case, seinge
there was no other difference in their weopons then light:
nes, the same cannot be accompted a fault in him that fought
wth the weopon of least weight. wherfore I refer the
iudgement to gent better experienced in armes.