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to the Romaines dissembling to feare the force of his ennemies sent owt certeine light horse to offer skirmish & he in the meane time bestowed him self wth his whole powre in such places as vnwares thennemies in pursute of skirmish were paste him, who seinge his time assailed them behinde and either slewe or tooke prisonners the whole armie. By wch historie it may be considered that in all fights for life aswell vniuersall as particular pollecie & skillfull industrie is to be vsed, for by such meanes victorie is obteined. ~ . ~

When two gentlemen doe fighte for quarrel of treason. after longe fighting & neither of them Vanquished, whether by the iudge they maye be parted or not.

Ca. 21.

A certein gent was accused of vntruth and treason towardes his Prince obteined licence to wage his battle against his accusor, and that first on horsback & after one foote, they shold make triall of their quarrell, after sondrie wondes both geven & received, it happened that some while the one & some whiles the other had the aduauntage holdinge his ennemie to the grounde. And the lookers on seinge the bloude in great aboundaunce to ronne downe from the hurtes wch either of them had receaved, & that the victorie remained vncerteiene, & either of the parties thoroghe longe fighte well weried. yt semed that by iustice of God either of them were like to be partakers of moste cruell death. wheruppon the Iudge beinge instauntlie desired not to permitt longer contencion answered yt forasmuch as the quarrell concerned an offence of great importaunce towching thestate & royall maiestie, they ought not to be