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Page:MS V.b.104 105v.png
Prisoner. Therfore the hurte man beinge in lyffe & kepinge his ennemie bounde, thoughe fortwth he died, yet ought he not to lose his prisoner, but he shall remaine to the Capteine of the feilde or els to his companions in armes or to the successors of him that died, who had in bandes distressed him. So in lyke manner in this case seinge he that liueth was bounde & notwthstandinge his ennemies death is so lefte to his Successors. Also this reason of greatest importaunce remayneth that he that was in this sorte once bounde might easelie haue bene slaine because his liffe was in his handes that bounde him. And he is ever adiudged victorious that firste killeth his ennemie. On the other parte in favour of him that remaineth in lyfe yt may be answered, that before he became bounde, he so sore wounded his ennemie, that he was as it were in his possession, & coulde not longe resiste in Combatts for life & death, the iudgement ought not to be geven till either the one or the other be slaine or yelded. And although this man on liue were bounde hande & foote, yet sith he was neither slaine nor yelded, he coulde not be iudged to be victored because the feilde was lefte to him liuinge, and so sone as he founde him selfe vnbounde he might lawfullie saye, that he had hurte his ennemie to the death, because the lawe saith, that at what time a mortall wounde is geven, he yt receaved the same is reputed as deade ffor wch respects it maye be iustlie saide that he that liueth ought to be victorious. But yf percase thease reasons doe not suffize for this contentacion yet let this be allowed. That notwthstandinge a man be bounde in combat yet yf be neither deade nor yelded he cannot be iudged as victored, because bindinge suffizeth not. And order of fighte is yf he that remaineth wthin the lists aliue shall be victorious.