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be Iudged by sommoe other. And this I saye vndr Correction<br/>
+
be Iudged by sommoe other. And this I saye vndr Correction
of all men at armes and Champions yf it be thought meete<br/>
+
of all men at armes and Champions yf it be thought meete
that thease knights sholde goe to somm other place to determine<br/>
+
that thease knights sholde goe to somm other place to determine
their battle as of like cases we will hereafter speake more<br/>
+
their battle as of like cases we will hereafter speake more
particularlie where we shall intreat of Appeales.<br/>
+
particularlie where we shall intreat of Appeales. ~ . ~ .
<br/>
+
 
When the Prince that graunteth combatt<br/>
+
''When the Prince that graunteth combatt ''
doth pardon the Uictored, & comman:<br/>
+
''doth pardon the Uictored, & commandeth ''
deth that he shall neither be slaine nor<br/>
+
''that he shall neither be slaine nor ''
prisoner. Whether the Uictorer maie<br/>
+
''prisoner. Whether the Uictorer maie ''
challenge his chardges & the Ualewe<br/>
+
''challenge his chardges & the Ualewe ''
of his prisonner at the Princes hande.<br/>
+
''of his prisonner at the Princes hande.''
<br/>
+
 
Ca. 39.<br/>
+
''Ca. 39.''
<br/>
+
 
Beinge demaunded by an officer of<br/>
+
'''Beinge''' demaunded by an officer of
of [sic] armes whether a Prince takinge vppon him yt<br/>
+
of [sic] armes whether a Prince takinge vppon him yt
Iudgement betwext two gentlemen at defiaunce & to declare<br/>
+
Iudgement betwext two gentlemen at defiaunce & to declare
trulye their proceedinge in battle & the one havinge gained<br/>
+
trulye their proceedinge in battle & the one havinge gained
victorie of the other wthin the listes. The Prince moved<br/>
+
victorie of the other wthin the listes. The Prince moved
wth Compassion permitteth not the victorer to enioye the vic:<br/>
+
wth Compassion permitteth not the victorer to enioye the victored
tored as his prisonner, but to declare further pittie will have<br/>
+
as his prisonner, but to declare further pittie will have
the prisonner to be deliuered. The question is whether the<br/>
+
the prisonner to be deliuered. The question is whether the
Prince in this case vsinge compassion & no iustice, be bound<br/>
+
Prince in this case vsinge compassion & no iustice, be bound
to paye the gentleman victorious his Chardgs or not? ffor<br/>
+
to paye the gentleman victorious his Chardgs or not? ffor
as I have often saide the Prince holdeth place of a suffi:<br/>
+
as I have often saide the Prince holdeth place of a sufficient
cient Iudge, & therfore ought not nor cannot take awaye<br/>
+
Iudge, & therfore ought not nor cannot take awaye
the honnor of anie partie cheiflie when they be not his<br/>
+
the honnor of anie partie cheiflie when they be not his
owne subiects, & though they were, yet lawfullie he colde<br/>
+
owne subiects, & though they were, yet lawfullie he colde
not doe it though he mighte. The lawe of nature is subiect<br/>
+
not doe it though he mighte. The lawe of nature is subiect
to reason, therfore the Iustice of everie one is iustlie to be<br/>
+
to reason, therfore the Iustice of everie one is iustlie to be
oberued That Prince that proceedeth otherwise, shewth<br/>
+
oberued That Prince that proceedeth otherwise, shewth
 
tyrannie & iniustice. Therfore he ought to take heede of
 
tyrannie & iniustice. Therfore he ought to take heede of

Revision as of 21:08, 19 July 2021

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be Iudged by sommoe other. And this I saye vndr Correction of all men at armes and Champions yf it be thought meete that thease knights sholde goe to somm other place to determine their battle as of like cases we will hereafter speake more particularlie where we shall intreat of Appeales. ~ . ~ .

When the Prince that graunteth combatt doth pardon the Uictored, & commandeth that he shall neither be slaine nor prisoner. Whether the Uictorer maie challenge his chardges & the Ualewe of his prisonner at the Princes hande.

Ca. 39.

Beinge demaunded by an officer of of [sic] armes whether a Prince takinge vppon him yt Iudgement betwext two gentlemen at defiaunce & to declare trulye their proceedinge in battle & the one havinge gained victorie of the other wthin the listes. The Prince moved wth Compassion permitteth not the victorer to enioye the victored as his prisonner, but to declare further pittie will have the prisonner to be deliuered. The question is whether the Prince in this case vsinge compassion & no iustice, be bound to paye the gentleman victorious his Chardgs or not? ffor as I have often saide the Prince holdeth place of a sufficient Iudge, & therfore ought not nor cannot take awaye the honnor of anie partie cheiflie when they be not his owne subiects, & though they were, yet lawfullie he colde not doe it though he mighte. The lawe of nature is subiect to reason, therfore the Iustice of everie one is iustlie to be oberued That Prince that proceedeth otherwise, shewth tyrannie & iniustice. Therfore he ought to take heede of