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Difference between revisions of "Page:MS V.b.104 057r.png"
David Kite (talk | contribs) (→Not proofread: Created page with "haue place of Combatt. Yf the sonne deteineth his fathers<br/> righte, battle is allowed, et pro incendio combat is graunted<br/> against the malefactor, but not against him t...") |
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| − | haue place of Combatt. Yf the sonne deteineth his fathers | + | haue place of Combatt. Yf the sonne deteineth his fathers |
| − | righte, battle is allowed, et pro incendio combat is graunted | + | righte, battle is allowed, ''et pro incendio'' combat is graunted |
| − | against the malefactor, but not against him that did councell | + | against the malefactor, but not against him that did councell |
| − | him to it. | + | him to it. ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ |
| − | + | ||
| − | In howe manie cases Combatt is | + | ''In howe manie cases Combatt is Permitted. ~ . ~ . ~ . ~ .'' |
| − | Permitted. | + | |
| − | + | ''Ca. 3.'' | |
| − | Ca. 3. | + | |
| − | + | ''Ffirste'' for Periurie willfullie committed and | |
| − | + | infidelitie when anye writinge is alleadged and denied | |
| − | infidelitie when anye writinge is alleadged and denied | + | for truth, when two doe claime to be invested in lande |
| − | for truth, when two doe claime to be invested in lande | + | and not apparaunte whether of them was firste, when anye |
| − | and not apparaunte whether of them was firste, when anye | + | debte of twentie ducatts or more is denied, when anye violence |
| − | debte of twentie ducatts or more is denied, when anye violence | + | is offred vppon any possession, or when anie debte is deteined |
| − | is offred vppon any possession, or when anie debte is deteined | + | it shalbe lawfull to fighte because it is a kinde of thefte |
| − | it shalbe lawfull to fighte because it is a kinde of thefte | + | in the debtor towardes his creditor according to the opinion of |
| − | in the debtor towardes his creditor according to the opinion of | + | ''Innocentio'' and ''Baldo''. The lawe of ''Lumbardie'' saith |
| − | Innocentio and Baldo. The lawe of Lumbardie saith | + | that this quarrell is also to be tried by fighte, but the Civill |
| − | that this quarrell is also to be tried by fighte, but the Civill | + | lawe, before the Iudge, and not by force of armes. And |
| − | lawe, before the Iudge, and not by force of armes. And | + | such like cases are propounded by the lawe of ''Lombardie'' |
| − | such like cases are propounded by the lawe of Lombardie | + | but by the Civill lawe a man maye not fight but in case |
| − | but by the Civill lawe a man maye not fight but in case | + | of treason committed againste our contrie. By the custom |
| − | of treason committed againste our contrie. By the custom | + | vsed beyonde the mounteines and in Italie the combat is |
| − | vsed beyonde the mounteines and in Italie the combat is | + | not graunted, but in cases of great importaunce of iniurie |
| − | not graunted, but in cases of great importaunce of iniurie | + | or open reproche committed against him, that findeth him |
| − | or open reproche committed against him, that findeth him | + | selfe in the Cowrte of his Prince or in the opinion of |
| − | selfe in the Cowrte of his Prince or in the opinion of | + | wise and discreet men, wch wthout his great ignomie |
| − | wise and discreet men, wch wthout his great ignomie | + | & dishonnour cannot be borne, and this is the opinion of |
| − | & dishonnour cannot be borne, and this is the opinion of | + | ''Baldo'', and custome permitteth that in every dishonnor |
| − | Baldo, and custome permitteth that in every dishonnor | + | it is lawfull to fighte because it is admitted by the Iudge |
| − | it is lawfull to fighte because it is admitted by the Iudge | ||
uppon such a Respecte. And althoughe in the cases afore | uppon such a Respecte. And althoughe in the cases afore | ||
Latest revision as of 14:17, 10 March 2021
haue place of Combatt. Yf the sonne deteineth his fathers righte, battle is allowed, et pro incendio combat is graunted against the malefactor, but not against him that did councell him to it. ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~ . ~
In howe manie cases Combatt is Permitted. ~ . ~ . ~ . ~ .
Ca. 3.
Ffirste for Periurie willfullie committed and infidelitie when anye writinge is alleadged and denied for truth, when two doe claime to be invested in lande and not apparaunte whether of them was firste, when anye debte of twentie ducatts or more is denied, when anye violence is offred vppon any possession, or when anie debte is deteined it shalbe lawfull to fighte because it is a kinde of thefte in the debtor towardes his creditor according to the opinion of Innocentio and Baldo. The lawe of Lumbardie saith that this quarrell is also to be tried by fighte, but the Civill lawe, before the Iudge, and not by force of armes. And such like cases are propounded by the lawe of Lombardie but by the Civill lawe a man maye not fight but in case of treason committed againste our contrie. By the custom vsed beyonde the mounteines and in Italie the combat is not graunted, but in cases of great importaunce of iniurie or open reproche committed against him, that findeth him selfe in the Cowrte of his Prince or in the opinion of wise and discreet men, wch wthout his great ignomie & dishonnour cannot be borne, and this is the opinion of Baldo, and custome permitteth that in every dishonnor it is lawfull to fighte because it is admitted by the Iudge uppon such a Respecte. And althoughe in the cases afore
