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but rather punished as a traitor. On the contrarie side it may<br/>
+
but rather punished as a traitor. On the contrarie side it may  
be saide, that because he that liueth had lefte his ennemie deade<br/>
+
be saide, that because he that liueth had lefte his ennemie deade  
in the feilde he ought therfore to be accompted victorious, for<br/>
+
in the feilde he ought therfore to be accompted victorious, for  
in combat it happeneth manie times that a man semeth victo:<br/>
+
in combat it happeneth manie times that a man semeth victored,
red, and yet at laste becommeth victorious, and in all battells<br/>
+
and yet at laste becommeth victorious, and in all battells  
thede ought to be respected, & not the speach that passeth<br/>
+
thede ought to be respected, & not the speach that passeth  
during the fighte. A mans wordes contrarie to his deedes<br/>
+
during the fighte. A mans wordes contrarie to his deedes  
doe not give victorie, for yf at one instaunt I saye I yelde<br/>
+
doe not give victorie, for yf at one instaunt I saye I yelde  
and also strike mine ennemie my wordes are not such as binds<br/>
+
and also strike mine ennemie my wordes are not such as binds  
me victored because they were spoken duringe mine accion<br/>
+
me victored because they were spoken duringe mine accion  
both in defence of my self & offence of mine ennemie<br/>
+
both in defence of my self & offence of mine ennemie  
wheruppon Mr Angelo de Perugia determineth yf he that<br/>
+
wheruppon Mr Angelo de Perugia determineth yf he that  
was holden downe did giue the wonde to him that died wth<br/>
+
was holden downe did giue the wonde to him that died wth  
out pawsinge or aspectinge for answere, betwext his wordes<br/>
+
out pawsinge or aspectinge for answere, betwext his wordes  
& the time of his stroke, that then he maye be iustlie re:<br/>
+
& the time of his stroke, that then he maye be iustlie reputed
puted victorious, but yf uppon his yeldinge wordes, he were<br/>
+
victorious, but yf uppon his yeldinge wordes, he were  
lett lose & his confession accepted, and that the other that did<br/>
+
lett lose & his confession accepted, and that the other that did  
distresse him had somwhat retired him self saieng he<br/>
+
distresse him had somwhat retired him self saieng he  
was contented to vnlose him. In that case he that was dist:<br/>
+
was contented to vnlose him. In that case he that was distressed
ressed coulde not iustlie offende his ennemie, because he had<br/>
+
coulde not iustlie offende his ennemie, because he had  
alredie yelded him selfe. But yf wthout staye, wth his<br/>
+
alredie yelded him selfe. But yf wthout staye, wth his  
yeldinge wordes he did also strike attending none answere<br/>
+
yeldinge wordes he did also strike attending none answere  
then it sholde seme the saide wordes were spoken wthout anye<br/>
+
then it sholde seme the saide wordes were spoken wthout anye  
intente to yelde, because all at once he stroke & slewe his<br/>
+
intente to yelde, because all at once he stroke & slewe his  
ennemie, and the wordes were not answerable to his deedes<br/>
+
ennemie, and the wordes were not answerable to his deedes  
ffor wch cause he remaininge in feelde alive ought to be victo:<br/>
+
ffor wch cause he remaininge in feelde alive ought to be victorious.
rious. The deedes & not the wordes voyde of effecte<br/>
+
The deedes & not the wordes voyde of effecte  
ought to be respected as ofttimes it happeneth a man to saye<br/>
+
ought to be respected as ofttimes it happeneth a man to saye  
one thinge & doe an other. But yf a man beinge overthro:<br/>
+
one thinge & doe an other. But yf a man beinge overthrowne
wne saith I yelde my self a prisoner, & theruppon let lose<br/>
+
saith I yelde my self a prisoner, & theruppon let lose  
and after sleeth his ennemie he shalbe reputed a traitor.<br/>
+
and after sleeth his ennemie he shalbe reputed a traitor.  
Therfore it is requisite that the Iudge wth sober considera:<br/>
+
Therfore it is requisite that the Iudge wth sober consideracion
cion doe reguarde what sentence he geveth in those cases<br/>
+
doe reguarde what sentence he geveth in those cases  
that doe concerne the honnor & liffe of such gent as for<br/>
+
that doe concerne the honnor & liffe of such gent as for  
savetie of fame & defence of reputacion doe offer them<br/>
+
savetie of fame & defence of reputacion doe offer them  
selues to this triall as desirous to liue wthout reproch<br/>
+
selues to this triall as desirous to liue wthout reproch  
in the favour and grace of their prince or soueraigne<br/>
+
in the favour and grace of their prince or soueraigne  
and vnsuspected amonge all nobilitie. Therfore having<br/>
+
and vnsuspected amonge all nobilitie. Therfore having  
 
in this case made promise the one to the other either
 
in this case made promise the one to the other either

Revision as of 17:14, 20 April 2021

This page has been proofread, but needs to be validated.

but rather punished as a traitor. On the contrarie side it may be saide, that because he that liueth had lefte his ennemie deade in the feilde he ought therfore to be accompted victorious, for in combat it happeneth manie times that a man semeth victored, and yet at laste becommeth victorious, and in all battells thede ought to be respected, & not the speach that passeth during the fighte. A mans wordes contrarie to his deedes doe not give victorie, for yf at one instaunt I saye I yelde and also strike mine ennemie my wordes are not such as binds me victored because they were spoken duringe mine accion both in defence of my self & offence of mine ennemie wheruppon Mr Angelo de Perugia determineth yf he that was holden downe did giue the wonde to him that died wth out pawsinge or aspectinge for answere, betwext his wordes & the time of his stroke, that then he maye be iustlie reputed victorious, but yf uppon his yeldinge wordes, he were lett lose & his confession accepted, and that the other that did distresse him had somwhat retired him self saieng he was contented to vnlose him. In that case he that was distressed coulde not iustlie offende his ennemie, because he had alredie yelded him selfe. But yf wthout staye, wth his yeldinge wordes he did also strike attending none answere then it sholde seme the saide wordes were spoken wthout anye intente to yelde, because all at once he stroke & slewe his ennemie, and the wordes were not answerable to his deedes ffor wch cause he remaininge in feelde alive ought to be victorious. The deedes & not the wordes voyde of effecte ought to be respected as ofttimes it happeneth a man to saye one thinge & doe an other. But yf a man beinge overthrowne saith I yelde my self a prisoner, & theruppon let lose and after sleeth his ennemie he shalbe reputed a traitor. Therfore it is requisite that the Iudge wth sober consideracion doe reguarde what sentence he geveth in those cases that doe concerne the honnor & liffe of such gent as for savetie of fame & defence of reputacion doe offer them selues to this triall as desirous to liue wthout reproch in the favour and grace of their prince or soueraigne and vnsuspected amonge all nobilitie. Therfore having in this case made promise the one to the other either