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Two gentlemen at defiaunce doe come to combatt
for life, the challinger promiseth to proue his quarrell.
At the firste encounter they both die, Whether ye
challinger be vanquished or the case doubtfull.

Ca. 13.

Twoe Soldiers beinge agreed to fight on horsback
for lyffe & death vppon cause of honnor. The Challinger promy:
sed that yf wth his sworde he proued not that wch he chardged his
ennemie wth, that then he wolde yelde him selfe as a traitor & lose
his armour & horse. It hapened that at one encouter they booth
receavinge great blowes were amazed, & fell from their horses
as deade. In this case a question arized, whether of them deserued
the greater honnor, aswell for preseruation of fame, as also to
gaine reputacionto their successors. To resolue so deepe a doubt
it may be saide, that either of them might be accompted as victo:
red & yet victorious, though no deade man can be thought to have
obteined victorie or to save him selfe, yet by rigor or reason it may
be alleadged, that wheras the Challinger by expresse promise
had affirmed that wth his sworde he wolde pve his wordes, not
havinge so done he sholde be condemned, because, notwthstanding
the death of his Ennemie he failed the perfourmaunce of
that wheruppon the occasion of Combatt arose, and was also
slaine by the hands of the defender, so as in thende of the
ffight he coulde not challendge any aduauntage or victorie
for that in one instaunte they became desmaied and deade. The
defender also in satisfaction of his owne honnor did hazarde
his lief in feilde, and there before the Challinger had perfor:
med his promised victorie lefte him as deade,. wherby (besides
his death) he hath incurred the satisfaction of the penaltie
and burden of infamie. Therfore aswell aliue as deade
he ought to be published a traitor, lose his armour & horse
so as none of his successors can claime either of them, but
shall remaine to the posteritie of the defender. And
in case he have none that lawfullie sholde demaunde the
same, then those spoiles & forfeicts shalbe allotted to the captein
or generall of the feilde. But yf like Chaunce happeneth
when men doe come or fight for anye prise for triall of virtue