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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 com:
pleyned 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 execu:
ted & 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