Wiktenauer logo.png

Page:MS V.b.104 025r.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.

and fight wth his ennemie, and after beinge founde to die neere ye
instannt, wthout other accident or signe of naturall sicknes, yt
maye be coniectured that he is reprovable of feare, and that
thoroughe imaginacion of deathe, he hathe prevented the combatt
Therefore the soldiers will saye commonlye, suche deathe proceedeth
from the will of God, beleiuinge the same to have happened, be:
cause he dispozed him selfe to offende iustice, and mainteine an
vntruthe. The Iudge then ought to pronounnce, by his owne
writinge somme honnorable sentence in the favour of him yt
liueth, because at the daye appointed manfullie & valianntly
he appeared in armes, attendinge all daye for the comminge
of his ennemie who appeared not, makinge declaration of
his deathe, wherof the officiall of armes shall make dily:
gent inquisition, how, when, and in what sorte he died, ta:
kinge vppon the same, councell of the moste expert phisitions
and findinge him sodeinlie to have died, a little before the time
that he ought to come to battell, presumeth, that only vppon
imaginacion and feare of fighte he died, nere before the ap:
pointed time of battell, and not of anye fever or other natu:
rall accidents. Then shall he pronounce, that he whoe
liueth and at the promised time, in appointed place did appe:
are in armes, and worthelie deserueth honnor & victorie
and shall therfore couragiouslie be suffred to passe oute
of the lystes, wth liuelye honnor and wth suche ceremonies and
noble triumphes as to all victorious men in battell to appertein
But yf naturallie he died, then the iudge ought to pronounce
the combat was ended by naturall deathe, not otherwise. And
yet on his behalfe that liueth, he ought to publish that he
came readelie, valianntlie, and manlie to answere his en:
nemie in fighte, gevinge him suche honnor for his appearanc
as to virtue apperteineth, for because at his daye he perfor:
med promise, and attendinge the cominge of his ennemie, thorough
whose defaulte the combat was not performed. And although
somme kinsman, true frende of him that is deade, or anye other
man wolde take the quarrell on him, yet might it not so
be, as in one other chapter we have Declared.