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Ca. 2.

It is further to be considered that yf the Iudge sholde
at the first entrie into the lyste, by proclamation commande
the fighters, that whether of them wth his person or anye
parte theroe, go out or passe the marke of the lists, sholde
be as vanquished and behedded. Yf it happened that one of
them by violence of th ennemies incounter be forced to passe
his prefixed scope, whether accordinge to the commanndement
of the Iudge, for not obeinge the same, he shalbe behedded or not
wherunto it is answered, that he ought not, and the reason is
this, although the prohibition were plaine and absolute, that
who so passed his prefixed boundes, shoulde besides his van:
quishmente be also behedded: Nevertheles in all lawes the
prohibitions appointed are not to be confirmed after the written
wordes and sence, but accordinge to the aucthors intencion of the
lawe instituted. Then seinge forceblie he hath passed his
appointed marke, he hath not in this disobedience deserued to
die, for that the intencions was, that who so by mysfortune
committeth this faulte, sholde not be (accordinge to the texte) re:
puted disobendiente, because he was fullie determined not to
passe his boundes, though nowe against his will he have
donneit, wherfore he exclaimeth vppon violent fortune, yt
hath favoured his ennemie so muche, as wth force he mighte
cause him to passe his space appointed. The decre was that
neither of them sholde passe oute, that is to saye, willingly
and not forcedlie, by violence or pollecye of th ennemie, for
otherwise he sholde be as victored. ffor the nature of combat
requireth that who is thrust out of the feilde, and so forced
by strength of Armes in defence of him selfe shalbe victored
like as he, that in triumphe to shewe the virtue of his minde
fighteth, and beinge forced to fall to the grounde, by the
aduersaries blowe or that his hande doe touche the grounde
shalbe iudged as victored, of more force then the reason is
that he that is driven out of the place shalbe reputed the
loser, although the Iudge had not ordeined anye suche impo:
sition. he therfore that is driuen owte shalbe vanquished
but yet not behedded, ffor that forced and not voluntarelye
he brake the prohibition of the Iudge, and this decysion is
founde in the civill lawe wch saithe that when the disobedience
proceedeth not willinglie nor of set purpose, the same wth