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A wager of Battle beinge betwext twoe<br/>
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'''A wager''' of Battle beinge betwext twoe  
noble Soldiers to fight for liefe & death on horsback<br/>
+
noble Soldiers to fight for liefe & death on horsback  
& not otherwise, beinge come to combatt, the Challinger dismoun:<br/>
+
& not otherwise, beinge come to combatt, the Challinger dismounteth
teth and taketh hande of his ennemies Reane, to thende to vn:<br/>
+
and taketh hande of his ennemies Reane, to thende to vnhorse
horse him, who valiauntlie defendeth him selfe, & makinge wise<br/>
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him, who valiauntlie defendeth him selfe, & makinge wise  
to dismounte also, and lifting vp his legge from the Saddle<br/>
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to dismounte also, and lifting vp his legge from the Saddle  
the Challinger beinge on foote doth thrust his sworde to his<br/>
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the Challinger beinge on foote doth thrust his sworde to his  
harte and so killeth him. The question whether ye Challinger<br/>
+
harte and so killeth him. The question whether ye Challinger  
might iustlie in this sorte slea him, & become victorious.<br/>
+
might iustlie in this sorte slea him, & become victorious.  
The doubt ariseth vppon the meaninge having determi:<br/>
+
The doubt ariseth vppon the meaninge having determined
ned to fight on horsbacke, and not otherwise, therfore the agre:<br/>
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to fight on horsbacke, and not otherwise, therfore the agrement
ment ought to be obserued, & who so obserueth it not cannot be<br/>
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ought to be obserued, & who so obserueth it not cannot be  
victorious in that battle, and the assuraunce of the Iudge is to<br/>
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victorious in that battle, and the assuraunce of the Iudge is to  
geve sentence according to the agrement taken betwext the<br/>
+
geve sentence according to the agrement taken betwext the  
parties. Therfore yf the Challinger hath broken ye same<br/>
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parties. Therfore yf the Challinger hath broken ye same  
and dismounteth from his horse like a ffoteman, and not as a<br/>
+
and dismounteth from his horse like a ffoteman, and not as a  
man at armes hurteth thennemie, he hath vndoubtedlie neg:<br/>
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man at armes hurteth thennemie, he hath vndoubtedlie neglected
lected his promise & deserued punishmente, because in dismoun:<br/>
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his promise & deserued punishmente, because in dismountinge
tinge he hath vanquished his ennemie by treason & not by virtue<br/>
+
he hath vanquished his ennemie by treason & not by virtue  
the agrement beinge to fight on horsback & not otherwise.<br/>
+
the agrement beinge to fight on horsback & not otherwise.  
On the Contrarie pte it may be alleadged, that no agremt<br/>
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On the Contrarie pte it may be alleadged, that no agremt  
was broken at all, for that it suffizeth the combat was be:<br/>
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was broken at all, for that it suffizeth the combat was begon
gon on horsbacke, & wth weopon moote for a man at armes<br/>
+
on horsbacke, & wth weopon moote for a man at armes  
then no Covenaunt was vnperfourmed. By the opinion of<br/>
+
then no Covenaunt was vnperfourmed. By the opinion of  
Soldiers, a Combatt for liffe maye be begon on horsback &<br/>
+
Soldiers, a Combatt for liffe maye be begon on horsback &  
ended on foote as semeth best to them that fighte, because in<br/>
+
ended on foote as semeth best to them that fighte, because in  
defence of a mans honnor & liffe it is lawfull to vse all<br/>
+
defence of a mans honnor & liffe it is lawfull to vse all  
advauntage. The lawe Ciuile determineth that in such<br/>
+
advauntage. The lawe Ciuile determineth that in such  
case a man ought at the beginninge to fight according to agremt<br/>
+
case a man ought at the beginninge to fight according to agremt  
and after to saue him selfe by anie meanes either honnest or<br/>
+
and after to saue him selfe by anie meanes either honnest or  
dishonnest, and vanquish his ennemie, by what crafte so<br/>
+
dishonnest, and vanquish his ennemie, by what crafte so  
ever he can. Whensoever a man at armes seeth his enne:<br/>
+
ever he can. Whensoever a man at armes seeth his ennemie
mie dismount it is lawfull & he ought to force yt beinge on<br/>
+
dismount it is lawfull & he ought to force yt beinge on  
foote he doe not approche him, but by all meanes possible to<br/>
+
foote he doe not approche him, but by all meanes possible to  
overthrowe the ennemie, who sought in like sorte to vanquish<br/>
+
overthrowe the ennemie, who sought in like sorte to vanquish  
him. This is the trwe reason that by order of armes & lists<br/>
+
him. This is the trwe reason that by order of armes & lists  
 
is obserued, that when on dismounteth on foote, & the other
 
is obserued, that when on dismounteth on foote, & the other

Latest revision as of 00:31, 13 February 2021

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

A wager of Battle beinge betwext twoe noble Soldiers to fight for liefe & death on horsback & not otherwise, beinge come to combatt, the Challinger dismounteth and taketh hande of his ennemies Reane, to thende to vnhorse him, who valiauntlie defendeth him selfe, & makinge wise to dismounte also, and lifting vp his legge from the Saddle the Challinger beinge on foote doth thrust his sworde to his harte and so killeth him. The question whether ye Challinger might iustlie in this sorte slea him, & become victorious. The doubt ariseth vppon the meaninge having determined to fight on horsbacke, and not otherwise, therfore the agrement ought to be obserued, & who so obserueth it not cannot be victorious in that battle, and the assuraunce of the Iudge is to geve sentence according to the agrement taken betwext the parties. Therfore yf the Challinger hath broken ye same and dismounteth from his horse like a ffoteman, and not as a man at armes hurteth thennemie, he hath vndoubtedlie neglected his promise & deserued punishmente, because in dismountinge he hath vanquished his ennemie by treason & not by virtue the agrement beinge to fight on horsback & not otherwise. On the Contrarie pte it may be alleadged, that no agremt was broken at all, for that it suffizeth the combat was begon on horsbacke, & wth weopon moote for a man at armes then no Covenaunt was vnperfourmed. By the opinion of Soldiers, a Combatt for liffe maye be begon on horsback & ended on foote as semeth best to them that fighte, because in defence of a mans honnor & liffe it is lawfull to vse all advauntage. The lawe Ciuile determineth that in such case a man ought at the beginninge to fight according to agremt and after to saue him selfe by anie meanes either honnest or dishonnest, and vanquish his ennemie, by what crafte so ever he can. Whensoever a man at armes seeth his ennemie dismount it is lawfull & he ought to force yt beinge on foote he doe not approche him, but by all meanes possible to overthrowe the ennemie, who sought in like sorte to vanquish him. This is the trwe reason that by order of armes & lists is obserued, that when on dismounteth on foote, & the other