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Difference between revisions of "Page:MS V.b.104 114v.png"
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| − | his victorie, because otherwise & without such Councell no doubt | + | his victorie, because otherwise & without such Councell no doubt |
| − | he sholde have obteined the same. Yet sith there hath bine | + | he sholde have obteined the same. Yet sith there hath bine |
| − | on either part sondrie reasons obiected I refer all to the | + | on either part sondrie reasons obiected I refer all to the |
| − | discretion of the Iudge. As towching the second iudgement | + | discretion of the Iudge. As towching the second iudgement |
| − | that the brother for transgressinge sholde be punished. I saye | + | that the brother for transgressinge sholde be punished. I saye |
| − | that albeit it was vppon paine of death forbidden, yet | + | that albeit it was vppon paine of death forbidden, yet |
| − | ought not he to be executed. ffor in such case the lawe Ciuile | + | ought not he to be executed. ffor in such case the lawe Ciuile |
| − | prouideth that to kinsfolke rigor shalbe mitigated. As yf | + | prouideth that to kinsfolke rigor shalbe mitigated. As yf |
| − | he sholde percase wth his speache or hande helpe to save the | + | he sholde percase wth his speache or hande helpe to save the |
| − | bloude of his brother or Cosin, yet ought he not to receiue | + | bloude of his brother or Cosin, yet ought he not to receiue capitall |
| − | + | punishment. Therfore the penaltie shalbe extraordynarie | |
| − | + | at the discretion of the Iudge. As yf a Prince hauinge | |
| − | + | banished a man & geven commaundemente, that vppon | |
| − | paine of liffe no person shall receave him to his companie | + | paine of liffe no person shall receave him to his companie |
| − | yf anie of his race or Consanguinitie doe enterteigne him, the | + | yf anie of his race or Consanguinitie doe enterteigne him, the |
| − | penaltie may be remitted & this reason is allowed by lawe | + | penaltie may be remitted & this reason is allowed by lawe |
| − | & nature. | + | & nature. ~ . ~ . ~ . ~ . |
| − | + | ||
| − | Where two men at Armes doe agre | + | ''Where two men at Armes doe agre '' |
| − | to fighte for life, wth condicion that wch of | + | ''to fighte for life, wth condicion that wch of '' |
| − | them be vnhorsed or hurt sholde be uanquished | + | ''them be vnhorsed or hurt sholde be uanquished '' |
| − | & dishonored. The one thorough disgrace & | + | ''& dishonored. The one thorough disgrace & '' |
| − | not thennemies virtue falleth without | + | ''not thennemies virtue falleth without '' |
| − | hurte. whether ye other maye claime | + | ''hurte. whether ye other maye claime '' |
| − | victorie. | + | ''victorie. ~ . ~ . ~ . ~ . ~ . '' |
| − | + | ||
| − | Ca 23. | + | ''Ca 23.'' |
Latest revision as of 02:37, 28 June 2021
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 capitall punishment. Therfore the penaltie shalbe extraordynarie at the discretion of the Iudge. As yf a Prince hauinge 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.
