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

the greatest reason? wherto it maye be saide, that till such time
as the Iudge did departe them, it semeth plaine yt he that stoode
vppon his ennemie had thaduauntage of victorie, yea thoughe
the sworde were broken before. ffor pffe wherof it is written
in a certeine cronicle of one who havinge in fighte lost his sworde
closed sodenlie wth his ennemie, & takinge holde of his privie
member, enforced him thorough extreme paine to yelde him self
his prisoner. In a like case wee reade of one that overreached
so far wth his blowe, that thennemie entred in & got the victorie
It is reported of one other having like aduauntage did so sore op:
presse his ennemie by kneelinge vppon him that he died forth:
wth. It hapened in Padoa that one kneelinge vppon his ennemy
enforced him wth his owne mowth, to confesse him self yelde. In
thease & such like cases it is seene, that by force wthout weopon
victorie may be obteined, yea there wants not somme that wth their
strenghes only have gained victorie. yet the lawe determineth that
who so yeldeth to his ennemie, shalbe in case wth him that is over:
come. The constitucion of Federico willeth that champions
fightinge for their lordes ought beinge oppressed to defende
them selues by their teeth. ffor wch reasons it semeth that at
what time that the Iudge did departe them he that helde his en:
nemie vnder was victorious. Therfore the fault in this case
committed proceeded from the Iudge, who ought to attende
thende of the Combatt, & the rather because the swordes be:
inge broken no slaughter coulde be committed. But resolute iudg:
mente coulde not lawfullie be geven, for yt he that was holden
vnder might perchaunce have recouered him selfe, the Iudge
sholde then in departinge them declare the aduauntage that
was gained by him that was aboue & therwthall confesse his
owne faulte in not tarieng thende of the battle.