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kepeth him selfe on horsbacke, yet shall the same be called A<br/>
+
kepeth him selfe on horsbacke, yet shall the same be called A  
Combatt of horsemen & not of footemen, because as I alredy<br/>
+
Combatt of horsemen & not of footemen, because as I alredy  
saide no meanes are vnlawfull to him that fighteth for life<br/>
+
saide no meanes are vnlawfull to him that fighteth for life  
& deathe, and a man maye by all conninge& Crafte prevent<br/>
+
& deathe, and a man maye by all conninge & Crafte prevent  
the Pollecie of his Ennemie, so ofte as he contendeth for<br/>
+
the Pollecie of his Ennemie, so ofte as he contendeth for  
savetie of liffe, in wch case neither wisedome nor providence<br/>
+
savetie of liffe, in wch case neither wisedome nor providence  
for preseruation of liffe wolde be admitted.<br/>
+
for preseruation of liffe wolde be admitted.  
<br/>
+
Of two gentlemen hauinge agreed yt<br/>
+
''Of two gentlemen hauinge agreed yt wch of them were vnhorsed sholde be reputed as vanquished, at the first incounter they fell both, wch of them ought to be victorious.''
wch of them were vnhorsed sholde be<br/>
+
reputed as vanquished, at the first<br/>
+
''Ca. 4.''
incounter they fell both, wch of them<br/>
+
ought to be victorious.<br/>
+
'''When'''soeuer two men at armes beinge at  
<br/>
+
defiaunce doe wage battle by agremente that who so is slaine  
Ca. 4.<br/>
+
wthout fallinge from his horse shalbe accompted as victored, afterwardes
<br/>
+
it happeneth at one encounter thorough equall violence
Whensoeuer two men at armes beinge at<br/>
+
they fall both to the grounde. In this case it is to be required
defiaunce doe wage battle by agremente that who so is slaine<br/>
+
of the Iudge whether of them ought to have the victorie.
wthout fallinge from his horse shalbe accompted as victored, aft:<br/>
+
At the first sight it semeth that the challinger, by  
erwardes it happeneth at one encounter thorough equall vi:<br/>
+
reason he was cause of thenterprise ought to loose the victorie,
olence they fall both to the grounde. In this case it is to be re:<br/>
+
and that the defendr sholde be victorious, because the  
quired of the Iudge whether of them ought to have the victo:<br/>
+
Challinger hath not performed his promise to vanquish  
rie. At the first sight it semeth that the challinger, by<br/>
+
thennemie, wch he hath not onlye not done, but also is by  
reason he was cause of thenterprise ought to loose the vic:<br/>
+
him overcome. By the lawe Ciuile it is adiudged, that  
torie, and that the defendr sholde be victorious, because the<br/>
+
whensoever two ennemies be at defiaunce & in fight performe
Challinger hath not performed his promise to vanquish<br/>
+
equall virtue, that then the honnor shalbe allotted  
thennemie, wch he hath not onlye not done, but also is by<br/>
+
to the defender, because in all doubtfull cases the defendr  
him overcome. By the lawe Ciuile it is adiudged, that<br/>
+
by lawe is ever favoured, and it maye be saide that the defender
whensoever two ennemies be at defiaunce & in fight per:<br/>
+
did fall by force of his owne encounter & not his ennemies.
forme equall virtue, that then the honnor shalbe allotted<br/>
+
On the contrarie it may be repied, that the agremt  
to the defender, because in all doubtfull cases the defendr<br/>
 
by lawe is ever favoured, and it maye be saide that the de:<br/>
 
fender did fall by force of his owne encounter & not his enne:<br/>
 
mies. On the contrarie it may be repied, that the agremt<br/>
 
 
was equall & therfore booth of them ought to be winners or
 
was equall & therfore booth of them ought to be winners or

Revision as of 00:34, 13 February 2021

This page has been proofread, but needs to be validated.

kepeth him selfe on horsbacke, yet shall the same be called A Combatt of horsemen & not of footemen, because as I alredy saide no meanes are vnlawfull to him that fighteth for life & deathe, and a man maye by all conninge & Crafte prevent the Pollecie of his Ennemie, so ofte as he contendeth for savetie of liffe, in wch case neither wisedome nor providence for preseruation of liffe wolde be admitted.

Of two gentlemen hauinge agreed yt wch of them were vnhorsed sholde be reputed as vanquished, at the first incounter they fell both, wch of them ought to be victorious.

Ca. 4.

Whensoeuer two men at armes beinge at defiaunce doe wage battle by agremente that who so is slaine wthout fallinge from his horse shalbe accompted as victored, afterwardes it happeneth at one encounter thorough equall violence they fall both to the grounde. In this case it is to be required of the Iudge whether of them ought to have the victorie. At the first sight it semeth that the challinger, by reason he was cause of thenterprise ought to loose the victorie, and that the defendr sholde be victorious, because the Challinger hath not performed his promise to vanquish thennemie, wch he hath not onlye not done, but also is by him overcome. By the lawe Ciuile it is adiudged, that whensoever two ennemies be at defiaunce & in fight performe equall virtue, that then the honnor shalbe allotted to the defender, because in all doubtfull cases the defendr by lawe is ever favoured, and it maye be saide that the defender did fall by force of his owne encounter & not his ennemies. On the contrarie it may be repied, that the agremt was equall & therfore booth of them ought to be winners or