Page:MS V.b.104 032r.png

Two gentlemen beinge entred wthin
the lystes two fighte vppon lyfe and death, ye
one fearfull of his life, & forgetfull of his honnor, cowardlie
flieth the feilde, and transgresseth the furrowe made by a
plowe, by wch flight he geueth occasion to his ennemie more
boldelie to pursue him, and therwthall is taken by the iudge
and beinge so at his deuotion, th ennemie pursuinge, doe vio:
lentlie strike him, and wth manie woundes molest him, besides
all wch, he demanndeth Iudgement in his favour, and to his
great honnor, But in this case is to be demannded, whether
he that fled be iustlie hurt or no, for that he was wonded
in the handes and presence of the Iudge, wherto according
to iustice, the iudgement is, that he that remainded wthin
the liste is victorious, yet the other beinge fled to the
handes of the Iudge might not iustlie be hurte, because he
was in presence of th officer, who assureth everye offen:
dor not to be harmed, after he be atteined vnto his handes
By the ciuill lawe it is ordeined, that yf a man be
banished for Rebelion, and rewarde offred to him that
coulde slaie him, yf he be founde in the handes of an officer
maye not be harmed, for that he was in the aucthoritie
of Iustice. We reade in the seconde booke de bello pu:
nico, that Claudius fightine wth Jarrea in single bat:
tell, and Jarrea flienge in fighte was pursued by Clau:
dius, and though he saved him self in his cyttie, neere
at hande, yet was he nevertheles adiudged as overcome
and vanquished, and Claudius wth his companions, ioye
fullie triumphed for the victorie. It is also written that
Crispino a Romaine fightinge in combat wth Badio campa:
no was of Crispino beaten downe, dismounted, and readie
to be slaine, and so leavinge his weapon vnaduisedlie fled
backe to his armie, by reason of wch flight Crispino wth
ioyfull victorie retorned to his soldiers, having thus op:
pressed Badio ennemie to the Romaine people, was at
Rome wth merveylous honnor and admiration receaved.