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capitall paine ought not to be punished. But in this case
havinge thorough violence and force transgressed the com:
manndemente, there is no disobendience committed. The
lawe imperiall willeth, that yf a an vppon paine of lyfe be
commannded not to goe out of the towne or cyttie, and beinge vppon
occasion at or neere the gate, and so by somme hap of violence
or force put foorthe, wherin he transgresseth the appointed
lymitts, yet ought he not accordinge to the tennor of the com:
manndement be punished. Or yf in lyke manner beinge vp:
pon the walls he hap to be assayled wth his enneie and to
escape leapeth downe to save him selfe, for that otherwise no
mean he hath to eschue the dannger of his life, and therfore
not to be punished. Lyke as yf a Shipp wth violence of
contrarye windes driven to havens forbidden, in that case the
Mr shall not receave anye punishment at all. Yet doe
we reade howe Romulus cutt of the hedded of his brother
for not obseruinge the brotherlie commanndement, and trans:
gressinge th appointed terme, yet was his iudgemente herein
vniuste yea rather moste wicked. ffor Remus beinge no
lesse a lorde then he him selfe, thoughe he transgressed
that vnwillinglie, wch for his owne reputacion, and the
common weales was forbydden, yet ought not the punishmt
to extende vnto him. But we saye that Romulus more for
envie and ambition to rule proceeded in the murder of his
brother, as Lucano a Poett of singular eloquence repor:
teth sayenge, Seldome or never love and lordship can
longe wthout slannder sitt quiet in one seate
Manlio was also worthie reprehension in putting his sonne
to deathe, who forgetting his fathers commanndement, fought
man to man against the enemie of Romaines, and though
moste noblie he became victorious, yet the ielowsie of Manlio
in obseruinge the lawe of armes inviolable, gave this cruell
and sinfull iudgemente against his owne sonne, who had
vanquished the ennemie to the people of Rome. ffor wch
crueltie the Nobilitie of Rome were so offended, then
on the daye when Manlio triumphed, they wolde no ap:
peare for the crueltie shewed vppon his owne sonne, who
havinge honnorablie slaine & shed the bloud of him that was
ennemie to the people of Rome, who therfore ought not
onlye to have excaped wth his heade, but also deserued to be