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Page:MS V.b.104 125r.png
the Iudge & place chosen according to the stile of Chevalrie
also when likelye presumptions be against the accused, & by
witnes it coulde not be proved (as in one other chapter was be:
fore saide) yf anie gentleman be so vanquished cannot in that
case alleadge either force or feare because it sholde be his
greate reproche when voluntarilie he had taken vppon
him to fight before a Sufficient Iudge, where it coulde not
be presumed that anie partialitie coulde be founde. ffurther
when either partie was sworne that wthout slaunder they
sholde defende their righte the confession followinge it cannot
be obiected that by force he had saide anye thinge, when before
iudicyallie in examination of battle, they fought man to man
in defence of their quarrell. yt was confessed when either
partie by assente alleadged armes & that he who were over:
come sholde be by devine iudgement vanquished. ffor Iustice
willeth that who so defendeth vntrouth shalbe beaten doune
and truth dooth allwaies put downe the sworde that is drawn
against her & taketh awaye his force yt so fighteth where:
fore in battle for triall of trouth falshoode is ever oppressed
& he that fighteth wth iustice carieth a minde invinsible wth
assured hope of victorie wch as the Philosopher saithe
ought ever to followe. ffor it may be presumed that God wch
fauoureth Iustice commeth from heaven will not defende
the wicked. Iustice commeth from heaven & truth springeth
from the earth & so the one embraseth the other, in the
favoure of truth & disadvauntage of falshoode wch is
approved by manie aucthorities as in one other booke in latin
I have written.