Not vnlike to that case where diuers doe presse to winne one prysoner, he that can first laie hande vppon him ought of right to enioye him. But this case dooth not prove ours, because by the Emperiall lawe, he is iudged to the victorie that geveth the firste wounde, and the victorie is adiudged from time of the wounde geven & not by the howre of death. Therfore consideringe that he who stoode aboue receaved the first wonde the other recoueringe his libertie therby hath gained somme honnor by deliueringe him selfe from thennemies hande. This doubt maye also be determined by order in armes wch wil leth that he that dieth firste shalbe victored, because the feilde is his that remaineth aliue. And in case they die both wthout the lysts he that either dieth firste, or that first wthout leave goeth owte of the lysts ought to be victored. If in one moment they chaunce to die bothe wthin the lists then the Challinger shalbe iudged as victored, because he hath not provoked him whome he proffered by othe to offende, but is by the defender slaine him selfe who hath therby saued his honnor. If both of them doe die the one wthin the lists the other wthout, he semeth to deserue the victorie that dieth wthin thoughe he happelie dieth firste, by reason he remayned wthin the feilde, and before he died beholde his ennemie throwne owte, yet for that a deade man cannot at anie time be thought victorious, this rule semeth not altogether Clere therfore I remitt the same to the idgements of more skillfull doctors to discusse it wth stronge reason. ~ . ~ . ~ .
Off two knightes agreed to fighte on Horsbacke the one dismounteth & sleath his ennemie. Whether he oughte to be Victorious. ~ . ~ . ~ . ~
Ca. 3.
