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Of two men at Armes the one of them by mischaunce, thorough his horses stumblinge vppon a truncheon of a broken launce falleth, & not thorough thennemies Virtue.

Ca. 16.

Twoe gentlemen of Almanie cominge into Italie to fight on horsbacke for triall of their manhood and virtue, made sute to sondrie lords there to obteine a feilde of libertie for the satisfaction of their desires. At length their request was graunted vnto them by the governor of Rome that frelie they sholde fight vppon such articles as was agreed vppon betwext the parties, & that he that sholde be victored, shold besides lose his armor & horse & yelde him self a faithful prysoner. It chaunced that after diuers courses faire roune, & sondry launces well broken, one of their horses stombled emonge the truncheons of the broken launces, lienge vppon the grounde, & at last he him selfe fell to the gounde & his horse vppon him. The aduersarie seinge him downe & labouring to recovr him selfe to come againe saide, thowe art alredie ouerthrowne in retiringe from me, therfore art become my prisoner, & I will not make more courses for that I have alredie obteined. The question in this case was whether the gent thus overthrowne ought to be prisoner or not. And it was answered that he ought not, because the Challenge was not for life & death but for triall of virtue. And seinge it was not the force nor skill of the aduersarie that caused the fall, neither the blowe at any encounter before receaved but only by means of the broken launces, yt were vnequall iudgemente to accompte him as victored, also sith prises & rewardes are geven onlye to them that thorough virtue overcome their ennemies who so dooth gaine the aduauntage by happe & fortune as it semeth desrueth neither rewarde nor victorie, because neither force nor pollece was the meane. The lawe saith that yf so be a kinge proclaimeth to give a certeine