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Page:MS V.b.104 135v.png
Whether a man hauinge slaine a rebell in
combatt, maie claime the rewarde promi:
sed by the Prince.
Ca. 12.
A certeine Prince havinge proclaimed that
whosoeuer coulde apprehende or kill a Subiecte of his, become
a Rebell sholde for so doinge receiue a rewarde. It hapened that
the same Rebell for not performinge his promise or for somme other
cause (and not for anye matter towchinge the rebellion) dooth come to
combatt for life wth an other gent, & is therin by him slaine, who
praieth to haue the Princes promised rewarde for killinge his
Rebell. The Question is whether in Iustice he ought have
it or not. By the Iudge it was determined that he ought
not because he slew not the rebell, for thentente of the Princes
proclamation, nor for the offence done to the Prince, but for
satisfaction & defence of his owne Quarrell & honnor, or for
not beinge vanquished of him. ffor wch consideracions the re:
warde that was offred must be geven onlye to him that sholde
purposelie, & not for privatt hate or other cause, not concerninge
the Rebells faulte, offende him.
Howe that he who dieth in combatt
dooth not die a Slaue, but maie make
his testament & receiue the sacramente
Ca. 13.
The lawe provideth that a Bonde man maye not make
anye testamente nor doe anie other Ciuile acte. But the
doctors doe affirme, & (as cheif of them) Baldo that a man
vanquished in Combatt, is not a slave or bonde man to the van:
quisher, because he maye make his Testament wthin the lists
before his death, or after he be drawen owte. But yf he