In a matche of fowre, Wch of them ought
to be Uictorious.
Ca. 29.
It happened that two gent challenginge two other to
fighte on horsbacke for liffe & death vppon quarrell of
treason: Beinge entred into the lists it was agreed by two
of them sodeinlie to assaile one of their ennemies, whome they
knewe to be much weaker & insufficient then his companion
wch deliberation was put in effecte, & when they two were assay:
linge of this one gent, the companion of him yt was assailed
dismounteth on foote, & wth his launce hurteth one of the
ennemies, & maketh the other yelde, who presentlie fleeth
owt of the lists, to whome his companion beinge hurte, saide yt
in no wise he ought to flee, because it was more honnor to die
wthin the lists then wthout. In the meane time he that gave
the wounde to one & caused the other to flie followed spedelie
to take him but coulde not. A question arose to whom the victo:
rie apperteined, seinge that one hurt man remained by his enne:
mies wthin the lists. The two yt were still wthin the lists
did Challenge the honnor to be theirs having grevouslie hurte
one of their ennemies & forced the other to yelde. On the con:
trarie parte it was answered, that he yt taried wthin the lists
wthout his companion ought to have victorie because he hurte
one of his ennemies, & though his owne companion were also
wounded, yet the same was traiterouslie, wherfore it is to be
considered what sentence the Iudge hath to give in this case
seinge one of either partie grevouslie hurte their companions
one yelded & the other passed the limitts of the lists. To
the partie where neither of the fighters did yelde the vic:
torie ought to be allotted, for notwthstandinge one of them
wente owt of the lists wthout leave of the Iudge, yet ye
same not beinge done for feare, but purpost to take him yt
fled awaye, & deliuer him to the punishment of the Iudge
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