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Not vnlike to that case where diuers doe presse to winne one pry:
soner, he that can first laie hande vppon him ought of right to
enioye him. But this case dooth not prove ours, because by
the Emperiall lawe, he is iudged to the victorie that geveth
the firste wounde, and the victorie is adiudged from time of the
wounde geven & not by the howre of death. Therfore con:
sideringe that he who stoode aboue receaved the first wonde
the other recoueringe his libertie therby hath gained somme
honnor by deliueringe him selfe from thennemies hande. This
doubt maye also be determined by order in armes wch wil
leth that he that dieth firste shalbe victored, because the
feilde is his that remaineth aliue. And in case they die both
wthout the lysts he that either dieth firste, or that first wth:
out leave goeth owte of the lysts ought to be victored. If in one
moment they chaunce to die bothe wthin the lists then the
Challinger shalbe iudged as victored, because he hath no pro:
voked him whome he proffered by othe to offende, but is by
the defender slaine him selfe who hath therby saued his
honnor. If both of them doe die the one wthin the lists
the other wthout, he semeth to deserue the victorie that dieth
wthin thoughe he happelie dieth firste, by reason he remay:
ned wthin the feilde, and before he died beholde his ennemie
throwne owte, yet for that a deade man cannot at anie time
be thought victorious, this rule semeth not altogether Clere
therfore I remitt the same to the idgements of more skill:
full doctors to discusse it wth stronge reason.

Off two knightes agreed to fighte on
Horsbacke the one dismounteth &
sleath his ennemie. Whether he oughte
to be Victorious.

Ca. 3.