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

Latest revision as of 00:00, 13 May 2021

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

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.