Two gentlemen at defiaunce doe come to combatt for life, the challinger promiseth to proue his quarrell. At the firste encounter they both die, Whether ye challinger be vanquished or the case doubtfull.
Ca. 13.
Twoe Soldiers beinge agreed to fight on horsback for lyffe & death vppon cause of honnor. The Challinger promysed that yf wth his sworde he proued not that wch he chardged his ennemie wth, that then he wolde yelde him selfe as a traitor & lose his armour & horse. It hapened that at one encouter they booth receavinge great blowes were amazed, & fell from their horses as deade. In this case a question arized, whether of them deserued the greater honnor, aswell for preseruation of fame, as also to gaine reputacionto their successors. To resolue so deepe a doubt it may be saide, that either of them might be accompted as victored & yet victorious, though no deade man can be thought to have obteined victorie or to save him selfe, yet by rigor or reason it may be alleadged, that wheras the Challinger by expresse promise had affirmed that wth his sworde he wolde pve his wordes, not havinge so done he sholde be condemned, because, notwthstanding the death of his Ennemie he failed the perfourmaunce of that wheruppon the occasion of Combatt arose, and was also slaine by the hands of the defender, so as in thende of the ffight he coulde not challendge any aduauntage or victorie for that in one instaunte they became desmaied and deade. The defender also in satisfaction of his owne honnor did hazarde his lief in feilde, and there before the Challinger had performed his promised victorie lefte him as deade,. wherby (besides his death) he hath incurred the satisfaction of the penaltie and burden of infamie. Therfore aswell aliue as deade he ought to be published a traitor, lose his armour & horse so as none of his successors can claime either of them, but shall remaine to the posteritie of the defender. And in case he have none that lawfullie sholde demaunde the same, then those spoiles & forfeicts shalbe allotted to the captein or generall of the feilde. But yf like Chaunce happeneth when men doe come or fight for anye prise for triall of virtue
