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Page:MS V.b.104 066v.png
Whether a man Vanquished maye come
to a combatt after.
Ca. 20.
One other case remayneth to be decyded. Two gent
doe fighte in personne for life and death, and in their fighte
the one dooth yelde him selfe, who afterwardes dooth move quar:
rell against an other gent after his yeldinge. The question
is whether after such dishonnor, he maye be at the seconde
quarrell repulsed? The opinion of certeine valiaunt
knights hathe bene, he ought for yt dishonnor to be defamed
till death, & maye not be permitted to come to combatt wth
anye gent, as one periured & vanquished. And to visage
a mans owne wordes is in the religion of armes, non preuari:
care. ffor when men come to fight in person emongest other
orders to be obserued therin, they are solemnlie sworne to
mainteine their honnor and fame, wthout respecte of vaine
glorie, or slaunder to the aduersarie. The same opinion
is approued by the lawes Ciuile wch affirme that who
so is condemned of slaunder ought not to be admitted to other
accusation vnles for offence done to him self, or against
the sacred crowne of the Prince or his livetennannts
In consideracon wherof the constitucion of Frederigo the
seconde Emperor determined that he that is yelded or van:
quished ought not afterwardes to be admitted as challenger
in battle for lief and death, but yf he be prouoked, then may
he not be repulsed. If in combat of love, vowe, or other en:
terprise of triumphe he presenteth him selfe, in that case
the repulse shall cease, though happelie he hath lost a
thowsand battells before, he maye not be denied, yf they
be not for lief, as in two other chapiters in this pnte booke
shalbe more at lardge declared.