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Page:MS V.b.104 115r.png
It was agreed vppon betwext two noble gentlemen to
fighte for liffe & death & yf anie of them were overthrown
to the grounde or hurte by force of his ennemie, that then he
sholde be adiudged as vanquished & a prisoner. Beinge entred
into the lists it Chaunced that the one, after a Chardge geven
staggered and fell the other pursuenge him in the retire beinge
downe did hurte him vppon the legge by meanes wherof he
challinged victorie. The other wth great instancie refuzed to
yelde him that honnor, sayenge his fall hapened rather thoroughe
misfortune then the force of his ennemie, wherto was replied yt
because he receiued his fall and hurte in retiringe, yt muste needes
be that the man from whom he retired was cause & had not he
bene pursued the fall had not happened. In this case the questi:
on is whether side by Iustice hath better reason. Bartholo saith
that seinge the hurte and fall was receaved in fleinge the same
ought to be presumed to be done by force of handes, & therfore he
that pursued his ennemie ought to have the victorie, because
he had a determinacion to doe it, and the pursuite was cause
of the fall & hurte wch was thende of the combatt.
Wherfore he that was the occasion of the fall & harme re:
ceaved is iudged to have gained the commendacion. But this
Iudgement is to be geven in combat for life & death only & not
in triall of virtue or contencion for triumphe & prise, as in
one other Chapiter it is before declared.
Where two men at Armes be agreed
to ronne certeine courses & that he
that receiued moste hurte sholde
be Uictored. It happaned they were
both hurte in diuers places. wch of
them ought to be victorious.
Ca. 24.