We forbid all our judges, justiciaries and officers, as also our vassals and subjects, temporal lords, who exercise high justice, and their officers, in any wise to alter, mitigate or change the aforesaid punishments, (those ordained to be inflicted with the sword, earth, or fire); but, on having taken cognizance of such contravention plainly do declare and decree the aforesaid punishments, pursuant to these present ordinances, on pain of being severely punished; unless that in some particular case, said judges, because of great and important considerations, should find difficulty as to the exact execution of the punishment decreed against the transgressor by our aforesaid ordinances.
In which case they may nevertheless not mitigate the punishment of their own accord; but shall be bound to carry or send the criminal process, faithfully closed and sealed, to the sovereign or provincial council, under whose jurisdiction they shall belong, there to be examined and deliberated on as to whether any alteration or mitigation of the aforesaid punishment is proper or not.
And if our aforesaid councilors find, that in good justice, according to right and reason (in regard to which we charge their consciences), any mitigation or alteration is proper, in such a case they may advise them by writing, and send it all to said judges and officers, that the latter may finish and terminate said process in accordance with it.
We command them to do nothing less, and enjoin them very expressly and strictly, on pain of being arbitrarily corrected and punished, not to make use of said consultations without great and important reasons, but be governed, as much as they can, by the contents of these present ordinances.
_Extracted from the great book of decrees of Ghent in which are collected all the decrees, mandates, and ordinances of Emperor Charles V., and of King Philip II.; and cited by William I., Prince of Orange, in his defense against his adversaries, edition 1569, from p. 165–174 inclusive._