In a matche of fowre, Wch of them ought to be Uictorious. ~ . ~ . ~ .
Ca. 29.
It happened that two gent challenginge two other to fighte on horsbacke for liffe & death vppon quarrell of treason: Beinge entred into the lists it was agreed by two of them sodeinlie to assaile one of their ennemies, whome they knewe to be much weaker & insufficient then his companion wch deliberation was put in effecte, & when they two were assaylinge of this one gent, the companion of him yt was assailed dismounteth on foote, & wth his launce hurteth one of the ennemies, & maketh the other yelde, who presentlie fleeth owt of the lists, to whome his companion beinge hurte, saide yt in no wise he ought to flee, because it was more honnor to die wthin the lists then wthout. In the meane time he that gave the wounde to one & caused the other to flie followed spedelie to take him but coulde not. A question arose to whom the victorie apperteined, seinge that one hurt man remained by his ennemies wthin the lists. The two yt were still wthin the lists did Challenge the honnor to be theirs having grevouslie hurte one of their ennemies & forced the other to yelde. On the contrarie parte it was answered, that he yt taried wthin the lists wthout his companion ought to have victorie because he hurte one of his ennemies, & though his owne companion were also wounded, yet the same was traiterouslie, wherfore it is to be considered what sentence the Iudge hath to give in this case seinge one of either partie grevouslie hurte their companions one yelded & the other passed the limitts of the lists. To the partie where neither of the fighters did yelde the victorie ought to be allotted, for notwthstandinge one of them wente owt of the lists wthout leave of the Iudge, yet ye same not beinge done for feare, but purpost to take him yt fled awaye, & deliuer him to the punishment of the Iudge
