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Wheras two gentlemen doe for lyffe & death
determine & Capitulate to breake thre launces a peece
and those nomber of Courses paste to trie the combat wth the
sworde, indentinge further that yf anie of them were vanquished
he sholde become prisonner. After thease agrements taken the
one commeth to fight with certeine weopons arteficiallie devised
such as no Corslett or other armour was of force or strengthe
sufficient to defende, besides that he presenteth him selfe moun:
ted vppon a great & puissaunt horse. The other bringeth
wth him a sleander and weake horse but swifte & readie, him
self beinge armed lightlie & weake. Beinge entred into the
lists, the Carire begon, & the laucs chardged, the firste
beinge stronglie mounted commeth violentlie vppon his ennemie
who doubtinge the force of his horse slippeth by & havinge con:
cinglie escaped the incounter turneth his horse & pursueth him
behinde, & comminge nere him he draweth owte his sworde &
striketh the horse of his ennemie, not regardinge the promise
made to ronne the nomber of launces before remembred. The
puissaunt horse thus in this sorte wounded falleth downe wth
his Mr wch thennemie seinge doth sodenlie dismounte de:
maundinge his prisonner. ffor wch acte don contrarie to the
agrement taken to ronne thre courses, ariseth a doubte whe:
ther the demaunde were lawfull or not. he that was caste
downe, by the hurte his horse receaved dooth refuze to yelde
because the thre lawnces were not broken nor Chardged,
but immediatlie vppon the first course this blowe was offred
& therfore he cannot be adiudged as vanquished. The other
replieth saienge, that it suffizeth that at the first course he
coulde distresse his ennemie, and therfore the rest were su:
perfluous. In this case it is demaunded whether of them hath
better reason? wherto it is answered, that forasmuch as it
was not speciallie indented, that no sworde sholde be drawen
till the courses were ronne, though victorie were obteined at
the firste, yet shall it be lawfull & he so vanquished iustlie
become a prisonner, because the victorie by devine iudgement
iustice & pollecie haue so decreed. Frontino writeth that
Sempronio Gracco beinge in the warrs of Celtiberi, enemies