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A man being hurt and wounded, taking satisfaction from them that hurt him, and granting, that it proceeded of his own default, and therefore granting him fully assythed and satisfied by them;—if, therefore, he die of these wounds, and his slayers take remission, and being called to underly the law, take him to his remission, and find caution to assyth the party, as accords of the law;—the confession of the defunct will not assoilzie him; and his assythment will not relieve him at the hands of the defunct's nearest friend, quia hoc ipso, that he has taken and used the remission, he acknowledges his guiltiness, and therefore must assyth the defunct's nearest kinsmen.
