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Difference between revisions of "Page:MS V.b.104 124r.png"
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| − | by force of weopon denied his owne wordes, & confessed the con: | + | by force of weopon denied his owne wordes, & confessed the con: |
| − | trarie to his othe wch is in iudgement of armes avayleable, & | + | trarie to his othe wch is in iudgement of armes avayleable, & |
| − | the contrarie therof cannot be avowed, yet the same beinge done | + | the contrarie therof cannot be avowed, yet the same beinge done |
| − | for feare, it is not so lawfull as yf it were altogether | + | for feare, it is not so lawfull as yf it were altogether voluntarye |
| − | + | because whilest the knife was vppon his throte he confessed | |
| − | + | contrarie to his entente. According to the lawe | |
| − | written he that sweareth falcelie in a cause criminall, though | + | written he that sweareth falcelie in a cause criminall, though |
| − | the offence be proved vppon him, yet the periurie shall not be | + | the offence be proved vppon him, yet the periurie shall not be |
| − | punished because it is permitted that every man may everie | + | punished because it is permitted that every man may everie |
| − | waye dispende his owne bloude in the terror of Corporall | + | waye dispende his owne bloude in the terror of Corporall |
| − | paines, wth false ptestacions, for no man is bounde wth his owne | + | paines, wth false ptestacions, for no man is bounde wth his owne |
| − | mowthe either to condemne or accuse him selfe, much more they | + | mowthe either to condemne or accuse him selfe, much more they |
| − | that fight who doe beleve to have iustice, & not to vse | + | that fight who doe beleve to have iustice, & not to vse dishonestie. |
| − | + | Neither can any periurie exceptinge infidelitie occasion | |
| − | condemnation to deathe, neither shall he be reputed a traitor | + | condemnation to deathe, neither shall he be reputed a traitor |
| − | though he swore by his Prince. ffor Baldo and Andrea | + | though he swore by his Prince. ffor ''Baldo'' and ''Andrea d’ Iserina'' |
| − | d’ Iserina doe saye that where by battle any fault is proved | + | doe saye that where by battle any fault is proved |
| − | ffor that such pffe is not altogether certeine, the punishment | + | ffor that such pffe is not altogether certeine, the punishment |
| − | whold rather be diminished then augmented. ffor yf a man | + | whold rather be diminished then augmented. ffor yf a man |
| − | accused of manslaughter dooth fight in that quarrell & is | + | accused of manslaughter dooth fight in that quarrell & is overcome, |
| − | + | yet ought he not to lose his heade but his hande wher | |
| − | wth he is chardged to have committed the facte, and in this | + | wth he is chardged to have committed the facte, and in this |
| − | case his posteritie shall not be defamed as traitors, nor | + | case his posteritie shall not be defamed as traitors, nor |
| − | towched wth the ffathers faults vnles he hath committed | + | towched wth the ffathers faults vnles he hath committed |
| − | treason against his prince or Contrie. ffor in thease offencs | + | treason against his prince or Contrie. ffor in thease offencs |
| − | onlye, the dishonnor of the ffather dooth remaine in bloode | + | onlye, the dishonnor of the ffather dooth remaine in bloode |
| − | to Children, as though they were begotten of a ffather | + | to Children, as though they were begotten of a ffather infected |
| − | + | wth ''Leprosie'' and their bloode so stained as no learned | |
| − | Phisition coulde cure the same. In thease two cases aforsaid | + | ''Phisition'' coulde cure the same. In thease two cases aforsaid |
| − | Treason to Prince & Contrie, it was ever permitted to come | + | Treason to Prince & Contrie, it was ever permitted to come |
| − | to combat, because it is lawfull to kill a Traitor to contrie | + | to combat, because it is lawfull to kill a Traitor to contrie |
| − | & Prince, & beinge deade he ought not to be lamented or | + | & Prince, & beinge deade he ought not to be lamented or |
| − | mourned for, No, nor to have a signe of sorrowe for the | + | mourned for, No, nor to have a signe of sorrowe for the |
| − | losse of any such auncestor. So seveare is the punishmt | + | losse of any such auncestor. So seveare is the punishmt |
| − | of treason either against Prince or Contrie, as the lawe | + | of treason either against Prince or Contrie, as the lawe |
| − | commaundeth the sonne to be punished for the ffathers | + | commaundeth the sonne to be punished for the ffathers |
| − | offence. The holie scripture saith, your fathers did feade | + | offence. The holie scripture saith, your fathers did feade |
| − | on weedes, & the teeth of their Children shalbe frozen. wher | + | on weedes, & the teeth of their Children shalbe frozen. wher |
fore includinge it was saide that the opinion of those was | fore includinge it was saide that the opinion of those was | ||
Revision as of 20:52, 19 July 2021
by force of weopon denied his owne wordes, & confessed the con: trarie to his othe wch is in iudgement of armes avayleable, & the contrarie therof cannot be avowed, yet the same beinge done for feare, it is not so lawfull as yf it were altogether voluntarye because whilest the knife was vppon his throte he confessed contrarie to his entente. According to the lawe written he that sweareth falcelie in a cause criminall, though the offence be proved vppon him, yet the periurie shall not be punished because it is permitted that every man may everie waye dispende his owne bloude in the terror of Corporall paines, wth false ptestacions, for no man is bounde wth his owne mowthe either to condemne or accuse him selfe, much more they that fight who doe beleve to have iustice, & not to vse dishonestie. Neither can any periurie exceptinge infidelitie occasion condemnation to deathe, neither shall he be reputed a traitor though he swore by his Prince. ffor Baldo and Andrea d’ Iserina doe saye that where by battle any fault is proved ffor that such pffe is not altogether certeine, the punishment whold rather be diminished then augmented. ffor yf a man accused of manslaughter dooth fight in that quarrell & is overcome, yet ought he not to lose his heade but his hande wher wth he is chardged to have committed the facte, and in this case his posteritie shall not be defamed as traitors, nor towched wth the ffathers faults vnles he hath committed treason against his prince or Contrie. ffor in thease offencs onlye, the dishonnor of the ffather dooth remaine in bloode to Children, as though they were begotten of a ffather infected wth Leprosie and their bloode so stained as no learned Phisition coulde cure the same. In thease two cases aforsaid Treason to Prince & Contrie, it was ever permitted to come to combat, because it is lawfull to kill a Traitor to contrie & Prince, & beinge deade he ought not to be lamented or mourned for, No, nor to have a signe of sorrowe for the losse of any such auncestor. So seveare is the punishmt of treason either against Prince or Contrie, as the lawe commaundeth the sonne to be punished for the ffathers offence. The holie scripture saith, your fathers did feade on weedes, & the teeth of their Children shalbe frozen. wher fore includinge it was saide that the opinion of those was
