Page:MS V.b.104 122r.png

Of a challenger that in combat loseth his sworde
whether the defender ought to be Uictorious

Ca. 33.

A gent beinge Challenged to fight for liffe, after
longe & valiaunt fightinge in thende loseth his sworde. Not:
wthstandinge by retiringe wardinge & defendinge wth armes and
handes saueth him selfe from thennemie, till the laste instaunt of
the daye wthout beinge slaine, yeldinge or takinge. The question
is whether this gent havinge evell in this sorte loste his sworde
ought to be reputed as vanquished or to have the worse in losinge
the princypall instrumente of battle. The lawe Ciuile affir:
meth that the losse of the sworde & weopon is the greatest
dishonnor in Combatt that can happen to anye gent, for that
wthout his faulte the same cannot be taken awaye. The lawe
imperiall & discipline of warre commaundeth that whosoever
loseth his weopon, beinge founde by anie soldier or other compani:
on it shall not be restored to the looser. But yf anie other
thinge loste in battle be founde of right it ought in a due time
to be restored. Notwthstanding to giue right iudgement in this
case it is determined, that this gent was not overcome nor van:
quished though by his ennemie disarmed & forced to flee about
the feilde. ffor in battle for liffe wherin either death or deniall
is required, neither the one nor the other beinge donne no victory
is gotten, notwthstanding the sworde loste semeth to bringe
somme honnor to him that tooke the same. Yet all thinge well con:
sidered the defendr hauinge lost his sworde deserueth praise
for that disarmed of his sworde he coulde defende him selfe
wthout losse of liffe libertie or deniall, and for thease consy:
deracions ought to be acquited of this quarrell, marie in com:
bat for triall of virtue he deserueth most honnor yt gaineth
the ennemies sworde. But in this case he is most worthie
commendacions that disarmed defendeth him selfe, then he that
wth weopon coulde not offende his disarmed ennemie. wherfore
I remitt the Iudgement to expert soldiers, yf better reason
shall move them thervnto.