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

Revision as of 00:00, 17 June 2021

This page has been proofread, but needs to be validated.

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