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Spoiles of the deade person were Iudged his. As Romulo
first kinge of Romaines havinge broken the battle of the Cininen:
si, in followinge the chase was encountred by their kinge called
Acrone, wth whome he fought personallie, & havinge slaine him,
spoyled him of all things about his person, and caried the same
to the Capitoll & honge them vppon a poste, there making a
solemne vowe to the Godes to builde a temple in honnor of
Jupiter feretrio enioyninge all his Successors duks princes
kings or Emperors that shall aspire to possession of spoiles so
gotten in private fighte man to man to offer them vp & leave
them in the same temple. Plutarche also maketh mention that
the like Spoglie opime have bene celebrated & offred (accordinge
to thexample of Romulo by diuers famous capteines & conductors
of armies, as Cornelio Cosso who slewe Tullio kinge of the Toscani
and Marco Marcello that killed Brennio kinge of ffraunce,
and caried their victorious spoyles to the same place as Tito
Liuio in his booke ab Vrbe condita witnesseth. The like
was done by Tito Manio sonne of Manlio the consull when
he personallie fought wth Metio. The same Tito Manlio
sonne of Lucio did also hande to hande sleae a frenche Cap:
teine of great stature, & tooke from him a Coller or chaine
of golde, & hauinge embrued it in the ffrench mans bloode
put the same abowt his owne necke. wheruppon since that time
all his Posteritie were called Torquati. Liuio also
maketh mencion that Tito Cuintio Crispino beinge challenged
by Badeo Campano did vanquish him in combatt & tooke
from him both horse & armour. Of manie others we reade
in the Romaines daies that did take from their ennemies
bothe armes & horses in token of their victorie, all wch are
examples that in publique warrs the spoile of those that
were vanquished did apperteigne to the vanquishers. But
in particular Combatts that matter is to be iudged accordinge
to the custome vsed by men professinge armes, or els accordinge
to the condicions agreed vppon by the fighters wherin no mention
made, the question ought to be iudged accordinge to the lawe
But the Herehaults & other officers in armes oe saye the
spoiles apperteigne to the Iudge & them his ministers by
auntient custome obserued. It is saide that kinge Carlo