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his victorie, because otherwise & without such Councell no doubt
he sholde have obteined the same. Yet sith there hath bine
on either part sondrie reasons obiected I refer all to the
discretion of the Iudge. As towching the second iudgement
that the brother for transgressinge sholde be punished. I saye
that albeit it was vppon paine of death forbidden, yet
ought not he to be executed. ffor in such case the lawe Ciuile
prouideth that to kinsfolke rigor shalbe mitigated. As yf
he sholde percase wth his speache or hande helpe to save the
bloude of his brother or Cosin, yet ought he not to receiue capi:
tall punishment. Therfore the penaltie shalbe extraordy:
narie at the discretion of the Iudge. As yf a Prince ha:
uinge banished a man & geven commaundemente, that vppon
paine of liffe no person shall receave him to his companie
yf anie of his race or Consanguinitie doe enterteigne him, the
penaltie may be remitted & this reason is allowed by lawe
& nature.

Where two men at Armes doe agre
to fighte for life, wth condicion that wch of
them be vnhorsed or hurt sholde be uanquished
& dishonored. The one thorough disgrace &
not thennemies virtue falleth without
hurte. whether ye other maye claime
victorie.

Ca 23.