valewre then force Solomon saith that good councell directeth armes, Also the proverbe affirmeth that in playe at chesse no drawght tawght by standers by shalbe allowed. The other replieth saienge, that his brother did nothinge pffitt, because the ennemie was by him alone overthrowne, and yf happelie his brother had transgressed enie commaundement given by the Iudge, and by him not punished, then sholde the Iudge be compleyned of. ffor in combatt for liffe it is lawfull to vse enie frawde or deceipt that may be imagined, therfore though he had percase practized the aduise of his brother, yet lawfullie he might doe it. hereunto was answered that thowgh in combat for liffe it is lawfull to vse all frawde & deceipte, yet such commaundements as are by the Iudge proclaimed, may not be transgressed, besides this the lawe dooth plainlie forbid in like cases to vse anye speach signe or token, saienge that such frawde is the defalte of the Iudge or standers by & not theirs that doe fighte. Therfore havinge once receaved those orders wch be ordeigned in favour of them that fighte, they ought not to be broken wthout the preiudice of the transgressors. And in this case the Iudge shall followe that Iudgement of Solomon wch he gave against the dissembled mother, who for envie deliuered the childe of her companion to be executed & slaine. But the wise Solomon discovering the deceipt saved both the true mother & Childe. But to retorne to our purpose, the sentence of the Iudge was that the victorer shall lawfullie enioye his desired victorie, but his brother for havinge transgressed the lawe sholde be beheadded. wch iudgement the victorer wold not accept because the same shold pcure ye death of his brother. And to decide this doubt Bartholo saith that a man beinge by the Iudge contrarie to lawe committed he ought by iustice to be released because no apprehension beinge done against order & custome ought to be oberued. And yf a man hath determined to slea his ennemy & after the determinacion I doe councell him in any wise to perfourme the same, though the murder be done, yet shall not I be accompted as guiltie therof because wthout my councell he was before determined. And likewise I saye that notwthstandinge the aduise of the brother he ought to enioye
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