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Of two gentlemen beinge within the listes
to fighte for lyfe, the one ouerthroweth the
other. He that was ouerthrowne saith I
am vanquished. & wth those wordes giueth
him that ouerthrew him a great wounde
wherof he died. wch of them oughte to haue
th Victorie.

Ca. 6.

Twoe ffrenche gent beinge in Italie
became ennemies and either of them callinge
callinge [sic] the other traitor at last waged their
battle. wheruppon the lorde of Padoa accordinge to agremt
taken betwext them did graunte the ffeilde, and that he that
coulde vanquishe his ennemie sholde possesse the armor & horse
of him that sholde be vanquished who besides all that, shold also
be reputed a traitor. Beinge thus entred into the lists the one
chaunceth to overthrowe the horse of his ennemie, and therup:
pon incontinent dooth bestride him holding him doune to the
grounde In the meane time beinge thus distressed he saith
I am vanquished and speaking thease wordes all at once stry:
keth him that dooth bestride him who sodeinlie dieth. In this
case, the Question is wch of them ought to be reputed vic:
torious and wch victored? wherunto manie reasons maye
on either part be alleadged. And first on the behalfe of the
deade man who had not onlie overthrowne, but also at his
deuotion distressed his ennemie, so longe, as wth his owne mo:
vthe he confessed him selfe victored. ffor wch reason he ought
to be victorious, so that either by worde or expresse signe he
did accept the saide confession, for then the combatt is ended
and the man beinge in this sorte holden downe and distressed
might not iustlie fighte anye more because he was alredie
vanquished. And yf afterwardes traiterouslie he hap:
neth to kill his ennemie yet ought he not to be victorious