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.
