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Page:MS V.b.104 096r.png
either death or deniall of a mans owne wordes proveth the
victorie. To be ouerthrowne dooth not alone suffize, though
thennemie dooth laye hande vppon him beinge downe, yet
maie it be that he recouered him selfe, and so become victorious
as hereafter more at lardge shalbe declared. But in a Chal:
lenge for triall of virtue or triumphe, yf the one in this sorte
doe happen to fall though the nomber of courses be not per:
formed, yet shall he that dooth fall be vndoubtedlie reputed
as victored, for this case differeth from that wch is for life
& deathe, because in agrement made for tenne Courses, it
is to be intended, yf none of the Ronners doe fall where:
fore the one beinge overthrowne the Combatt is determined
and the other shall remaine wth honnor & victorie.
Off two fighters that were in one
combat slaine wch of them oughte
to be victorious.
Ca. 2.
Twoe doe come to combatt on foote vppon
Challenge of liffe or deathe, the one falleth the other dooth
bestride him wth his sworde in hand sayenge. Yelde thy
selfe who answereth wth wordes of like effecte , wherwthall
he that is overthrowne wondeth him in the bellie that helde
him vndr, who provoked therwthall cutteth him vppon the throte
he that was first hurt aduaunseth him selfe on foote & walketh
but wth in short space after they bothe died. In this case it is
to be considered, whether of them by the opinion of the Iudge
ought to have the victorie, thoughe in deede neither of them
coulde for lacke of life demaunde it. Yet that the spoile of
him that ought of righte to be victored might be set on the ensigne
of the victorious to his eternall fame, the truth is to be knowne.
It is decided that notwthstandinge a deade man cannot be deined
victorious, yet maye it be saide that he who fell firste to the
grounde was vanquished, because the other kepinge him selfe on
foote did as it were first commaunde the bodie of his ennemie