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punished accordinge to Justiniano in his gesti. Also the custom
of Chevalrie, doeth favour him, as by example of a certeine
Archer who standinge vppon the ground of his lorde, doth
shoote his arrowe & hurteth his ennemie beinge vppon the
territorie of an other Prince. But where the hurte is
donne there the Punishment ought to be geven. And this
is the opinion of Barthelo di Sasxo farrato.

If two knights of sondrie Armies doe
come to defiaunce Whether they
oughte to be punished.

Ca. 11.

Two Armies beinge at one tyme in the feilde en:
camped, and a capteine of the one campe sendeth defiaunce to
one other capteine in the other campe, and theruppon departinge
from their charge come to fighte, the question is, whether they
ought to be punished? wherto is answered, that they ought, for
this reason that they doe contrarie to their honnor, beinge bound
in person to serue their Princes in the Campe duringe the
time of their seruice wthout licence departe wch they cannot
doe, nor take weapon against thennemie, in wch doinge they
committ offence to the common welthe, or els treason. ffor
in havinge in this sorte wthout lycence of their generall come
to fighte, yt cannot be but dangerous to the common weale, for
such disorder and disobedience. And therfore the lawiers lear:
ned in lawe Civile doe assigne great punishmente to such
offendors that wthout leave of the generall doe come to
fighte, thoughe victorie doe not wthstandinge ensue, not onlye be:
cause they wente to fighte wthout licence, but also because they
passed their apponited lymitts. Also who so writeth to the
ennemies campe, or maketh to them any signe or token ought to
be grevouslie punished, as Titus Liuius writeth in his seconde
booke de bello punico of a Consull of Rome that vppon like
cause made his owne sonne after he had vanquished the
ennemmies to the people of Rome to be behedded.