Page:MS V.b.104 113v.png

Twoe gentlemen the one a Neopolitane ye other a Florentine desirous to fight for lyffe & death obteined of the duke of Milan licence to fighte in combat, agreinge that whosoeuer of them were vanquished sholde be adiudged a traitor, and become prisoner to the vanquisher. Before their entrie into the lists it was proclaimed by the iudge, that no stander by during the battle sholde speake or make signe in the favour of enie of them that foughte vppon penaltie of liffe. Beinge entred into the lists it happened that at the firste incounter, the Neapolitan overthrewe the Florentine who lienge vppon the grounde coulde not easelie be founde of the Neapolitan wandringe abowte the feilde It happened that the saide Neapolitan havinge a brother there, that amonge the rest looked on, moved wth brotherlie love, contrarie to commaundement given, brake owt saienge, Retire my brother thine ennemie lieth vppon the grounde, tred vppon him wth thy horse & the victorie shalbe thine, wch he sodenlie perfourmed & gained his desire. The Florentine findinge him self distressed saide, that because the lawes of the feilde were infringed, neither ought his ennemie to have victorie nor him selfe to be victored, consideringe that it was ordeined, that no looker on vppon the penaltie of liffe sholde by worde or token favour anye partie duringe the fighte. ffor wch consideracion & custome in armes he ought not to be adiudged a prisonner in particular, no more then those that in common warrs be lawfullie taken who are by iustice commonly released. On the contrarie parte the Neapolitane affirmeth that orderlie he hath overcome his ennemie ffor albeit his brother in speach hath transgressed the lawe of the feilde, & desrueth to be punished, yet was his intencion such though his brother had not spoken at all, & that otherwise, no man wolde have behaved him selfe. The Florentine hereto replied, that beinge vppon the ground the ennemie on horsback armed could not possiblie see him to deale in that manner, and the nature of combatt is, that man to man sholde fighte & not two to one, wch semeth in this case was not obserued, whilest the one wth deeds & the other wth wordes sought to oppresse him, and councell in armes is of no lesse