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saide that he ought to haue iudgement on his side, because he
had cast his ennemie owt of the lists, & so the feilde re:
mained to him alone. Wherunto it was answered in the be:
half of him that was vnhorsed, that notwthstanding he
was first ouerthrowne, yet seinge that his ennemie was
also at length cast downe hurt & deade he might not
lawfullie be reputed as victored. To this allegacion was
replied that he fell wthin the lists, and that not thorough
the virtue of him that was firste cast owte, but the violence
of the horse. And therfore the honnor cannot be attribu:
ted to him, though his ennemie died. Also whosoeuer is
once cast owte of the lists, sholde be accompted as vanqui:
shed and maye not retorne to fight. But to answer
this reason it was saide, that albeit he were cast owt of
the lists yet he retorned spedelie thither, laide holde of
his horse, & was readie to ronne againe, also he was in the
ende alive, but the other deade, & therfore sholde be victorious
But hereto it was forthwth answered, that who so euer is
first downe & driven owte of the lysts he maie not after:
wardes retorne to fight nor claime victorie. Nevertheles
he that remained aliue ceased not to alleadge yt notwthstan:
dinge he had bine driuen owt of the lists, yet havinge slaine
his ennemie he ought to be victorious. In this case the Iudge
shall soberlie consider whether he yt was laste ouerthrowne
and had broken his legge will presentlie die or not. ffor yf
he dooth die, then ought he assuredlie to be adiudged as vic:
tored, but yf he happelie lieth doubtfull of life, then iudgemt
shalbe so longe delaied, and yf he dooth in thende recouer his
hurte & liue, yet shall he perhapps seme to deserue leaste
honnor because he receaved the greatest harme, but it might
be answered, that that harme pceeded not of thennemies
virtue, neither did he fall thorough violence of his person
but the force of a horse. And therfore he cannot deserue
the commendacion. Wch reasons so doubtfull I refer to the
resolution of a more skillfull Iudge.