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vtterly falce who affirmed this man to be pronounced a traitor
vnles it were for one of the two causes before recited, yea though
him self confessed to have fought in a quarrell Iniuste, yet in
respecte of this feare no firme credit is to be geven vnto him
selfe. ffor the moste parte of those yt are put to tormente
doe confesse that is not true thorough force therof. The
lawe therfore willeth that such confession shall not stande vn:
les by other presumptions it appeare verie likelye, that he who
is tormented hath committed the offence wherwth he is chardged
as for example, one confessinge that he hath slaine a man in the
woode. The Iudge ought forthwth to give order yt the place be
serched, for the findinge of the deade bodie, and not finding any
suche he that made the confession must not be punished, for yt
the same is not by serch verefied. ffor this reason it is con:
cluded that those yt by force of armes doe yelde although by
iudgement of armes they remaine defamed & vanquished
yet maye not be reputed as traitors, but shall continue as
repulsed as in one other Chapiter it hath bene declared.

When one in combat is Vanquished and after
alleageth that he confessed an Vntruth beinge
forced therto, appeareth he ought to be harde.

Ca. 36.

In combat for liffe a question was moved by one who
confessed therin that he had not iustice, and after desirous to
saye the contrarie alleadged that by force of armes, & for feare
of lyfe he had spoken that was not true. The question is yf
a man in suche a case ought to be harde. Baldus saith that
the nature of particular battle is such as no force or feare
after victorie can be alleadged, for otherwise it sholde not be
battle, & this is true because force is iuste when the same is
performed, for proof & triall of trouth, cheiflie when wth order
necessarie & due circumstaunce the battle is taken in hande