Page:MS V.b.104 071r.png

Iff a gent doe weare anie deuise, worde, badge,
Armes or token of honnor, & one other gent either
for vaine glorie or vppon iuste cause doe challenge ye same
saienge, it apperteigneth to him, and not to the other, who in like
sorte replieth it to be his owne, & wolde so mainteine it. The
question is whether vppon this quarrell they maye come to com:
bat or not In wch case it was determined they mighte, yf anye
of them coulde prove they were ye same wthout assent of him
to whome they first apperteined, & not by force, or els yf he had
them by difrente from his auncestors. And this is admitted
by the lawe Ciuile for who so geveth the armes of an other
gent dooth against iustice, and the Prince maye lawfullie
forbid him to beare them to aduoyde the slaunder yt will ar:
ise therof. Bartholo a great doctor writeth that armes
auntientlie belonginge to a gent may not be borne by anie
other vnles the saide gent offendeth in treason. ffor in such
case the honnor of his howse is obscured, and perhapps for
ever loste. Also yf a Capteine in warrs doe vanquish his
ennemie & winne his ensigne or standerd it shalbe after law:
full for him to beare ye same wthout contradiction. Liuio
writeth in his booke ab Vrbe condita, that Romulo the
first kinge of Romaines makinge warre vppon the Cininesi
and givinge them the overthrowe, came at length to the per:
son of Acrone their kinge, whome presentlie he slewe wth
his owne armes, and bearinge awaye the spoiles caried the
same to the Temple wch the saide Romulo had builte, & as
Plutarcho writeth he there declared that who souer wolde fight
for his glorie and become victorious, sholde haue of those
spoiles to shewe them in witnes of victorie. As this acte of
Romulo was noble and worthie, so we reade of Cornelio coso
howe he followed the stepps of Romulo, and slewe Tullio
kinge of Tuscan. Also Marco marcello slewe Brennio
kinge of Fraunce who also preserued the spoiles of ye deade.
we reade likewise of Tito Manlio the Romaine who havinge
vanquished and slaine a french knight, tooke from him a chaine
of golde embrued in bloud, & theruppon tooke ye name of Torquato
leavinge also the surname to his posteritie. diuers other
Romaines there were also who vanquishing their ennemies