Page:MS V.b.104 097r.png

A wager of Battle beinge betwext twoe
noble Soldiers to fight for liefe & death on horsback
& not otherwise, beinge come to combatt, the Challinger dismoun:
teth and taketh hande of his ennemies Reane, to thende to vn:
horse him, who valiauntlie defendeth him selfe, & makinge wise
to dismounte also, and lifting vp his legge from the Saddle
the Challinger beinge on foote doth thrust his sworde to his
harte and so killeth him. The question whether ye Challinger
might iustlie in this sorte slea him, & become victorious.
The doubt ariseth vppon the meaninge having determi:
ned to fight on horsbacke, and not otherwise, therfore the agre:
ment ought to be obserued, & who so obserueth it not cannot be
victorious in that battle, and the assuraunce of the Iudge is to
geve sentence according to the agrement taken betwext the
parties. Therfore yf the Challinger hath broken ye same
and dismounteth from his horse like a ffoteman, and not as a
man at armes hurteth thennemie, he hath vndoubtedlie neg:
lected his promise & deserued punishmente, because in dismoun:
tinge he hath vanquished his ennemie by treason & not by virtue
the agrement beinge to fight on horsback & not otherwise.
On the Contrarie pte it may be alleadged, that no agremt
was broken at all, for that it suffizeth the combat was be:
gon on horsbacke, & wth weopon moote for a man at armes
then no Covenaunt was vnperfourmed. By the opinion of
Soldiers, a Combatt for liffe maye be begon on horsback &
ended on foote as semeth best to them that fighte, because in
defence of a mans honnor & liffe it is lawfull to vse all
advauntage. The lawe Ciuile determineth that in such
case a man ought at the beginninge to fight according to agremt
and after to saue him selfe by anie meanes either honnest or
dishonnest, and vanquish his ennemie, by what crafte so
ever he can. Whensoever a man at armes seeth his enne:
mie dismount it is lawfull & he ought to force yt beinge on
foote he doe not approche him, but by all meanes possible to
overthrowe the ennemie, who sought in like sorte to vanquish
him. This is the trwe reason that by order of armes & lists
is obserued, that when on dismounteth on foote, & the other