who so towcheth the garments of his companion against his will
or that streketh the heares of his heade doth pvoke him to in:
iurie, but the wearinge of the devise in publique doth not in
particular offende anye gent, but only him that presseth foorth
& doth towche it, for the wearinge therof is iniurie to no man
Moreover the lawe affirmeth that who so defendeth his own
goodes and right committeth no iniurie, notwthstandinge suche
wearers of devises to provoke others to meddle in Combatts
pretendinge occasion to defende their fame or honnor, are those
of whome the holie scripture speaketh sayenge, that they com:
mitt mortall sinne in temptinge almightie God. And therfore
to them the Christian Princes ought not to admitt anye feilde
or Iudge for the performinge of Combatt. ffor yf they studdie
so much to shewe their valor, they sholde doe it against the
infidells in times of necessitie, & not christians, as here:
tofore hath bene declared.
Whether it be lawfull to touch an
Emprease, wthout leaue of the Lorde
in that Place.
Ca. 23.
To speake at more length of suche as weare volunta:
rye devises to fight for life, they shall vndrstand that no gent
or other pfessinge armes beinge a subiecte may presume to touch
any suche devise or Emprease wthout licence of his prince, or
the Cittie where he dwelleth. ffor it is forbidden to move
battle or take armes wherby slaughter maye followe wch is
the respect that wthout leave of a soueraigne the Emprease
maye not be towched. It is therfore the custome, that before chal:
lenge of Combat the Prince is sued vnto to grannt leave
that the fighters maye have place secure, where they maye
performe the Combatt. ffor otherwise doinge they deserue by
their Prince to be punished. And in the meane space ye challin:
gers doe commonly vse to holde them selues secrett, for not beinge
commannded the contrarie till licence be obteined.
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Page:MS V.b.104 142v.png
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