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kepeth him selfe on horsbacke, yet shall the same be called A
Combatt of horsemen & not of footemen, because as I alredy
saide no meanes are vnlawfull to him that fighteth for life
& deathe, and a man maye by all conninge& Crafte prevent
the Pollecie of his Ennemie, so ofte as he contendeth for
savetie of liffe, in wch case neither wisedome nor providence
for preseruation of liffe wolde be admitted.

Of two gentlemen hauinge agreed yt
wch of them were vnhorsed sholde be
reputed as vanquished, at the first
incounter they fell both, wch of them
ought to be victorious.

Ca. 4.

Whensoeuer two men at armes beinge at
defiaunce doe wage battle by agremente that who so is slaine
wthout fallinge from his horse shalbe accompted as victored, aft:
erwardes it happeneth at one encounter thorough equall vi:
olence they fall both to the grounde. In this case it is to be re:
quired of the Iudge whether of them ought to have the victo:
rie. At the first sight it semeth that the challinger, by
reason he was cause of thenterprise ought to loose the vic:
torie, and that the defendr sholde be victorious, because the
Challinger hath not performed his promise to vanquish
thennemie, wch he hath not onlye not done, but also is by
him overcome. By the lawe Ciuile it is adiudged, that
whensoever two ennemies be at defiaunce & in fight per:
forme equall virtue, that then the honnor shalbe allotted
to the defender, because in all doubtfull cases the defendr
by lawe is ever favoured, and it maye be saide that the de:
fender did fall by force of his owne encounter & not his enne:
mies. On the contrarie it may be repied, that the agremt
was equall & therfore booth of them ought to be winners or