Wiktenauer logo.png

Page:MS V.b.104 059v.png

From Wiktenauer
Jump to navigation Jump to search
This page contains changes which are not marked for translation.

This page needs to be proofread.

Slaughter was done or that the armour of him that is
slaine be perced wth some sworde made of purpose, or yf con:
trarie to orders he be striken behinde on the backe, then it is
otherwise, because thexercise of armes is to shewe the vir:
tue of the minde for triumphe and disporte, and not pretence
to hurte the adversarie. Lykewise yf a man willinglie doe
hurte anye stander by in anye of the cases aforesaide, the offen:
der ought to be greatlie punished. Also yf he hurteth anye
of them that fighte owt of the place apponted for yt purpose
he ought to be exequuted. ffinallie it is to be noted, that all
suche like pastimes are of Princes permitted, so as pre:
tensedlie no bloud be shed.

Whether A man maye be punished for
sleinge a man in the territorie of
an other Prince.

Ca. 8.

It is also meete to vndrstande of two gentlemen
beinge the vassalls of one Prince, & hauinge quar:
rell betwext them for life and death, after challenge
and other ceremonies done, do goe into the territorie
of an other Prince, and there fight, and there the one
beinge slaine, the other returneth home, when the Prince
apprehendeth as murderer, and offreth him punishmt accor:
dinglie, to whome he answereth, that in committinge the facte
he aduentured his life. The question is, whether this man
may by reason be punished as a murderer by his Prince or
not, or whether he lawfullie may stande in defence of his
heade or not, wherin is made one true resolution, that yf
the combat was permitted by licence of the Prince of
the place, that then such lycence excuseth him that gay:
ned the daye, for the combat beinge for defence of lyfe, all
offences be purged, and the victorie geveth true witnesse
therof, accordinge to the stile of Chevalrie, of wch opinion