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Page:MS V.b.104 120v.png
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 allegacion 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