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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