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 replied, that the agremt was equall & therfore booth of them ought to be winners or
