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by force of weopon denied his owne wordes, & confessed the con:
trarie to his othe wch is in iudgement of armes avayleable, &
the contrarie therof cannot be avowed, yet the same beinge done
for feare, it is not so lawfull as yf it were altogether volunta:
rye because whilest the knife was vppon his throte he con:
fessed contrarie to his entente. According to the lawe
written he that sweareth falcelie in a cause criminall, though
the offence be proved vppon him, yet the periurie shall not be
punished because it is permitted that every man may everie
waye dispende his owne bloude in the terror of Corporall
paines, wth false ptestacions, for no man is bounde wth his owne
mowthe either to condemne or accuse him selfe, much more they
that fight who doe beleve to have iustice, & not to vse disho:
nestie. Neither can any periurie exceptinge infidelitie occasion
condemnation to deathe, neither shall he be reputed a traitor
though he swore by his Prince. ffor Baldo and Andrea
d’ Iserina doe saye that where by battle any fault is proved
ffor that such pffe is not altogether certeine, the punishment
whold rather be diminished then augmented. ffor yf a man
accused of manslaughter dooth fight in that quarrell & is over:
come, yet ought he not to lose his heade but his hande wher
wth he is chardged to have committed the facte, and in this
case his posteritie shall not be defamed as traitors, nor
towched wth the ffathers faults vnles he hath committed
treason against his prince or Contrie. ffor in thease offencs
onlye, the dishonnor of the ffather dooth remaine in bloode
to Children, as though they were begotten of a ffather in:
fected wth Leprosie and their bloode so stained as no learned
Phisition coulde cure the same. In thease two cases aforsaid
Treason to Prince & Contrie, it was ever permitted to come
to combat, because it is lawfull to kill a Traitor to contrie
& Prince, & beinge deade he ought not to be lamented or
mourned for, No, nor to have a signe of sorrowe for the
losse of any such auncestor. So seveare is the punishmt
of treason either against Prince or Contrie, as the lawe
commaundeth the sonne to be punished for the ffathers
offence. The holie scripture saith, your fathers did feade
on weedes, & the teeth of their Children shalbe frozen. wher
fore includinge it was saide that the opinion of those was