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Of two gentlemen entred into the feilde to fighte for liefe wth swordes, thone dismounteth & taketh holde of his ennemies foote on horsbacke who notwithstandinge alighteth also & ouerthrowes him. ~ . ~ .

Ca. 11.

It hapened that two gent cominge to Combatt for life & death and beinge agreed to fighte on horsback wth swordes onlye & yf anie of them were slaine or vanquished that then he sholde be accompted a traitor & prisoner to the vanquisher. It came to passe yt in fighte both their swordes brake, & the one havinge the reanes of his horse cutt in peices so as he coulde not governe him dismounted, on foote, taking hand vppon his aduersaries foote who still remained on horsbacke offringe to caste him downe but he preventinge his intente did willinglie flie from his horse & bare downe thennemie that on foote pretended this crafte. And he beinge thoroughe his violence in leapinge downe laied vppon the grounde bestrode him & kept the aduauntage. In this case the Iudge shewinge his aucthoritie did departe them & ended the combatt. wheruppon he that holde his ennemie downe demaunded him for a traitor & his prisoner, wherto he answered that promises were to be perfourmed, and because it was agreed that victorie sholde be tried wth swordes wch were alredie broken, & that his mishap in falling pceeded not by virtue of thennemie, but his owne mishap & violence in offringe to cast him downe, it were no reason that iudgement sholde so proceede, & the more for yt there was no yeldinge. On the Contrarie was replied albeit it was agreed that only swordes sholde trie ye victorie yet sith the combatt was so begon, and by virtue therof I have cawsed thee to abandon thy horsback & so become my prisonner I may by iuste reason require thee of the Iudge, as one whome I have conquered thorough wisedome manhoode & pollecie, & it is dexteritie & not the sworde wch avayleth in fighte, wch I havinge vsed doe demaund thee as my prisonner Thease allegacions considered, the Question is whether of them hath