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Page:MS V.b.104 136r.png
die wthin the lists he maye not be buried in any churche, yet be:
inge repented of his synnes maye receiue the sacramente, so that
he ptest he come to the Combatt for no speciall malice or entent
to murder, but inforced therto for his owne defence, the maintenance
of truth, or the necessitie of his Contrie.
Whether ye spoiles of the vanquished oughte
apperteine to the Uanquisher.
Ca. 14.
It hapened that two gent richelye armed wth furniture
Jewells & other braverie came to combatt, the one of them
beinge slaine in fighte. A question arose whether the
spoile of the dead man did apperteigne, to the victorious to the
Iudge or to the heire of the gent slaine. Angelo of Perugia
saith, that yf it were capitulated betwext the fighters, that the
spoiles sholde be geven vnto the victorious, then was there no
reason to the contrarie, but that he sholde enioye them, or though
no such agrement were expreslie set doune. yet his opinion was
that the horses & armour ought be his in signe of victorie, & the
dishonnor of the victored. ffor whosoeuer taketh a prisonner in
warre, is owner of all things he weareth, & the generall
vseth to geve such spoiles to his souldiers. Notwthstandinge
particular fighte semeth to be of other nature, and that the
victorious hathe not interest in any thinge but the person of
the victored. ffor such battells be performed for honnor onlye
& no pffitt or intencion to possesse the spoiles of the victored
Somme souldiers affirme that the spoiles of the victored
doe apperteine to the Iudgs of the feilde, & their ministers
and this opinion is growen by auntient custome, & maye be al:
lowed when one of the fighters be slaine in combatt, as yf a
Purveior doth die in the Campe his goods shall apperteigne
to the generall of the armie. But yf we shall deter:
mine herof accordinge to the order of the auntient Romaines
such spoiles were called Spoglie opime as Liuis affirmeth
ffor whomsoever anye generall or other capteine had wth
his owne hande slaine anye other leader in particular fighte ye
